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…

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.

  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!

TRY LAW360 FREE FOR SEVEN DAYS

Next Post

Putin signs law allowing him 2 more terms as Russia's leader

MOSCOW (AP) — Russian President Vladimir Putin on Monday signed a law allowing him to potentially hold onto power until 2036, a move that formalizes constitutional changes endorsed in a vote last year. The July 1 constitutional vote included a provision that reset Putin’s previous term limits, allowing him to […]