This month's Law360 Bid Protest Roundup
features three cases from the Court of Federal Claims (COFC). The
court's decisions provide important insights into bid protest
standing, challenges to Small Business Innovation Research (SBIR)
decisions under bid protest jurisdiction, and the significance of
timely filing requests for intervention.
Aero Spray
In multiple-award indefinite delivery/indefinite quantity (IDIQ)
contracts, parties receiving awards sometimes seek to contest the
award of an IDIQ contract to other offerors to help reduce the
competition for task orders. This unique protest situation is
not permitted at the Government Accountability Office
(GAO). But the door was opened at the COFC with Judge
Lettow's decision in National Air
Cargo,1 which held that winners of an IDIQ
could have standing to contest awards to other offerors, creating a
split between the GAO and the COFC. The recent case
of Aero Spray, Inc. v. United
States2 departs from that rule and
