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ARTICLE · 14 DECEMBER 2021

November 2021 Bid Protest Roundup

Morrison Foerster
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This month's Law360 Bid Protest Roundup focuses on two recent decisions by the U.S. Government Accountability Office (GAO) and one decision from the U.S. Court of Federal Claims (COFC).

United StatesGovernment, Public Sector

This month's Law360 Bid Protest Roundup focuses on two recent decisions by the U.S. Government Accountability Office (GAO) and one decision from the U.S. Court of Federal Claims (COFC). These decisions involve (1) the consequences of key personnel unavailability that occurs during corrective action following a protest, (2) the government's exposure to sanctions for failing to produce the complete administrative record in a protest before COFC, and (3) the broad discretion agencies enjoy in setting procurement-related deadlines.

Ashlin Management Group1

In Ashlin Management Group, the GAO addressed a situation in which one of the awardee's quoted key personnel became unavailable during the post-award corrective action period. In sustaining the protest on that ground only, the GAO determined that the awardee, Booz Allen Hamilton, Inc. (BAH), was ineligible for award because it had actual knowledge of the unavailability of one of its key personnel, and that BAH

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Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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