j_dude77 Posted August 17, 2013 Report Share Posted August 17, 2013 Just out of curiosity, does the Court of Federal Claims take into consideration previous GAO decisions when a protest is presented to it? Link to comment Share on other sites More sharing options...
brian Posted August 18, 2013 Report Share Posted August 18, 2013 I think I recall that the GEO-Seis COFC Decision specifically mentioned the GAO Decision in the same matter. Izzat what you're asking ? Link to comment Share on other sites More sharing options...
Retreadfed Posted August 18, 2013 Report Share Posted August 18, 2013 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 Link to comment Share on other sites More sharing options...
Guest Vern Edwards Posted August 18, 2013 Report Share Posted August 18, 2013 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))). Link to comment Share on other sites More sharing options...
j_dude77 Posted August 19, 2013 Author Report Share Posted August 19, 2013 Thanks for the info. Link to comment Share on other sites More sharing options...
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