The Court of Federal Claims determined it had jurisdiction over a protest of contract awards issued by a prime contractor because the government's involvement was sufficient to constitute a procurement action under the Tucker Act. The contractor challenged a contractor's award to three foreign-based contractors pursuant to its contract with the United States Agency for International Development to procure health-related services. The Government Accountability Office had dismissed the protest for lack of jurisdiction (24 CGEN ¶112,794), and the government argued the CFC also lacked jurisdiction because the only procurement action for purposes of the Tucker Act (28 USC 1491(b)(1)) was between USAID and the prime contractor, not the prime contractor's efforts on behalf of USAID.
(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. )