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Injunction Denied Despite Significant Procurement Errors

The Court of Federal Claims declined to grant injunctive relief for the government's significant evaluation and selection errors because logistical and national security concerns outweighed the harm to the protester. In its protest of indefinite-delivery/indefinite-quantity contract awards for trucking services in Afghanistan, the protester established the government's price realism analysis, best-value tradeoff, past experience evaluation, and award to an offeror that did not meet a material solicitation requirement, were improper or unreasonable. With respect to the four factors for granting injunctive relief, there was a reasonable likelihood the protester would have received one of the six awards but for the errors.

Logistical and Defense Issues


However, the extent of the harm the protester would suffer if injunctive relief was not granted was unclear. The protester only sought an award for the 12-month option year, which meant the original awardees would perform the entire base year, and in the event of a resolicitation, there was a "good chance" the protester would not receive an award. With respect to the interests of the government and the public, the government asserted a resolicitation or reevaluation would be disruptive to personnel seeking to supply troops with necessities in a war zone and strain personnel who were responsible for managing the existing contracts and preparing a successor solicitation. According to the government, it would take 14 months to prepare a new solicitation, which meant a new solicitation would not be ready until 2 months before the end of the option year, and the original awardees could still end up performing the entire option year. Reevaluation was also problematic because the original proposals were a year old and possibly stale, and it was unknown if other non-awardees in the competitive range were interested in participating in a reevaluation. Although injunctive relief was not warranted, an award of bid preparation and proposal costs was appropriate. (Afghan American Army Services Corp. v. U.S., et al., FedCl, 53 CCF 79,208)








 






 

 

(The news featured above is a selection from the news covered in the Government Contracts Report Letter, which is published weekly and distributed to subscribers of the Government Contracts Reporter. )

     
  
 

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