Recent United States Court of Federal Claims ("COFC")
Cases Highlight that the COFC and the Government Accountability
Office ("GAO") Do Not View All Cases the Same
Though we are not yet halfway through 2022, the COFC has issued
two decisions that highlight divergent views from GAO precedent
regarding the availability of key personnel and whether there is a
presumption that an Agency will conduct discussions in certain
circumstances. While one Judge's opinion in a COFC case is not
binding on the other Judges, these cases should be factored into a
disappointed offeror's decision concerning where to file its
bid protest at the outset, i.e., the GAO or the COFC.
Availability of Key Personnel
