Just looking for info
Started by j_dude77 · Aug 17, 2013 · 4 replies
- jOriginal post
j_dude77
Aug 17, 2013 · 12y ago
Just out of curiosity, does the Court of Federal Claims take into consideration previous GAO decisions when a protest is presented to it?
- b
brian
Aug 18, 2013 · 12y ago
I think I recall that the GEO-Seis COFC Decision specifically mentioned the GAO Decision in the same matter.
Izzat what you're asking ?
- R
Retreadfed
Aug 18, 2013 · 12y ago
GAO decisions are not binding on the COFC. However, the COFC judges will sometimes refer to GAO decisions in deciding a protest. See the recent decision at http://www.uscfc.uscourts.gov/sites/default/files/BUSH.EXCEL072413.pdf
- G
Guest Vern Edwards
Aug 18, 2013 · 12y ago
See Caddell Construction Co., Inc. v. U.S. 111 Fed. Cl. 49 (April 30, 2013):
This court respects the expertise of the GAO, and considers GAO decisions instructive. GAO decisions, however, are not binding on this court. See, e.g., Kingdomware Techs., Inc. v. United States, 107 Fed.Cl. 226, 230 n.2 (2012) (“GAO decisions are not binding authority, but may be ‘instructive in the area of bid protests.’ ” (quoting Centech Grp., Inc. v. United States, 554 F.3d 1029, 1038 n.4 (Fed.Cir.2009))); see also Grunley Walsh Int'l, LLC v. United States, 78 Fed.Cl. 35, 39 (2007) (“Decisions by the GAO are traditionally treated with a high degree of deference, especially in bid protest actions.” (citing E.W. Bliss Co. v. United States, 33 Fed.Cl. 123, 135 (1995), _aff'd,_77 F.3d 445 (Fed.Cir.1996))).
- j
j_dude77
Aug 19, 2013 · 12y ago
Thanks for the info.