the issue, a decision from GAO or COFC
, or both, could be the
2011) (affirming COFC
decision finding GAO decision to be irrational where the GAO did not apply the proper deference to the KO's OCI determination).
This, in effect, is what GAO's bid protest process represents relative to the COFC
Given that the bulk of contract claims under CAS 413 relate to pension surplus attributable to inactive participants, the COFC
decision will have significant financial impact on contractors that have overfunded pension plans.
has reviewed the applicability of the FASA's protest
In Brickwood, the contractor filed a bid protest in the COFC
regarding a Navy procurement for repairs to elevated water storage tanks.
Similarly the COFC
has jurisdiction to hear suits by contractors objecting to a solicitation by a Federal agency for bids or proposals for a proposed contract or to a proposed award or the award of a contract or any alleged violation of statute or regulation in connection with a procurement or a proposed procurement.
I remember back in 2003, CofC
judge, Sir Jeremy Isaacs said: "If one had to say one thing that swung it for Liverpool it would have to be there was a greater sense there that the whole city is involved in the bid and behind the bid.
The BCA and CoFC
often find that even if there are firm deliverables or warranty issues, the contractor should be paid for its efforts.
Co: Cordoba, Fuente de la Raja, 30SUG4099, 366 m, 29-VIII-2013, Lopez-Tirado, COFC
Over the last three years seven published COFC
The article concludes that the GAO and the COFC
decisions reflect institutional differences: GAO focused its efforts on meeting the spirit of the Competition in Contracting Act of 1984's (CICA) enhanced competition mandate, (2) while the COFC
adopted a plain-meaning judicial interpretation of the Federal Acquisition Regulation (FAR).