Bradley attorney Aron Beezley was quoted in Law360 on a number of important decisions that have been handed down for federal contractors in the second half of 2018.
In an October decision, the Federal Circuit backed the U.S. Army's broad corrective action for its $5 billion Army Desktop Mobile and Computing procurement, a program to buy commercial off-the-shelf computer hardware. A "narrowly targeted" standard used by a claims court was too strict, the Federal Circuit ruled, saying the Army's corrective action only had to be "rationally related" to fixing its mistakes.
In doing so, the circuit court effectively pulled its standard — and by extension, the Court of Federal Claims' standard — for permissible corrective action in line with the standard used by the Government Accountability Office, explained Beezley, who said the ruling was "very possibly the most important bid protest decision of 2018."
"In short, the Federal Circuit's decision makes it more difficult for Court of Federal Claims protesters to challenge agency corrective action," he said. "Previously, certain [claims court] cases applied a more stringent standard, requiring corrective action to be narrowly targeted to a particular defect."
The complete article, “Top Gov’t Contracts Cases From The 2nd Half Of 2018,” appeared in Law360 on December 20, 2018.