Bid Protest Spotlight: Implied-In-Fact Contract, Timeliness

Bizar Male
Law360 (April 5, 2021, 5:13 PM EDT) — This month’s bid protest roundup considers three notable bid protest decisions.

In Safeguard Base Operations LLC v. U.S.,[1] the U.S. Court of Appeals for the Federal Circuit held on an issue of first impression that the U.S. Court of Federal Claims has jurisdiction over bid protests based on the implied-in-fact contract theory that the government must evaluate bids fairly.

In VS2 LLC[2] and Peraton Inc.,[3] the U.S. Government Accountability Office dismissed protests as untimely, illustrating two scenarios in which contractors should remain vigilant and bring protests earlier, rather than later.

Safeguard Base Operations: Protests concerning implied-in-fact contracts are welcome in the Court…

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