Bid Protests: Characteristics of Cases Filed in Federal Courts
An eligible person or bus. may file a protest challenging a Fed. contract award or the procedure by which the offers were solicited. This report reviews the cases, particularly small business (SB) cases, that have been filed in district courts and U.S. Court of Fed. Claims (COFC) (Courts) since the Admin. Dispute Resolution Act of 1996 took effect. The report's objectives are to: identify the # of bid protest cases filed in the Courts between 1997 and 1999, that were filed by SB, the type of agencies involved, and the amount of the procurement; identify the perceived advantages and disadvantages, particularly for SB, of filing bid protest cases in each judicial forum.
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Administration ADRA jurisdiction alleged violation American Bar Association Appendix April 30 Aramark attorney interviews bid protest jurisdiction Category challenges COFC judges COFC's Comments concession contract concurrent jurisdiction Congress contractors court bid protest court granted Court of Appeals Court of Federal courts and COFC Courts Between January D.C. area district court bid district court jurisdiction District of Columbia expertise Federal Bar Association Federal Circuit Federal district courts Filed Between January filed by small filed in COFC filed in district Filed in U.S. filing bid protest forum shopping Government Contracts Section identified judicial forum judicial protests litigation motion plaintiff postaward bid protest preaward Protest Cases Filed protestor protests filed Public Contract Law regulation in connection retaining district court sealed Section of Public Services small businesses solicitation statute or regulation sunset of district sunset provision U.S. Court U.S. District Courts U.S. Virgin Islands violation of statute Washington
Page 79 - protest" means a written objection by an interested party to any of the following: (A) A solicitation or other request by a Federal agency for offers for a contract for the procurement of property or services.
Page 5 - States shall have jurisdiction to render judgment on an action by an interested party 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.
Page 67 - To avoid misconstruction upon so grave a subject, we think it proper to state that we do not consider Congress can either withdraw from judicial cognizance any matter which, from its nature, is the subject of a suit at the common law, or in equity, or admiralty; nor, on the other hand, can it bring under the judicial power a matter which, from its nature, is not a subject for judicial determination.
Page 71 - States, may, except as otherwise provided by law, be brought in any judicial district in which: (1) a defendant in the action resides, or (2) the cause of action arose, or (3) any real property involved in the action is situated, or (4) the plaintiff resides if no real property is involved in the action.
Page 60 - Both the United States Court of Federal Claims and the district courts of the United States shall have jurisdiction to render judgment on an action by an interested party 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...
Page 27 - April 1994 in accordance with generally accepted government auditing standards. We obtained written comments on a draft of this report from occ, FDIC, and Labor.
Page 48 - The Honorable William S. Cohen Chairman, Subcommittee on Oversight of Government Management and the District of Columbia Committee on Government Affairs United States Senate Washington, DC 20510 Dear Mr.
Page 23 - to render judgment on an action by an interested party 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 such a contract.
Page 1 - The Honorable Tom Davis Chairman The Honorable Henry A. Waxman Ranking Minority Member Committee on Government Reform House of Representatives The Honorable Susan M.
Page 73 - ... a greater probability that the court's decision will be wrong."95 Posner likewise notes that such a difficult legal question "is more likely to be answered correctly if it is allowed to engage the attention of different sets of judges deciding factually different cases than if it is answered finally by the first panel to consider it."96 The likelihood of an erroneous initial decision is further enhanced when the Federal Circuit relies extensively on dicta, in a race to decide the issues and thus...