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elgueromeromero

Fair Opportunity vs. "Rule of Two"

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Look at "for the protester"under GAO. You also will see Kingdomware which has a protest before the Supreme Court. You should be able to follow Kingdomware's protest from GAO, to the COFC, to the CAFC on that page. When the Supreme Court decides next year, it will be the first Supreme Court bid protest decision listed in the Protests section.

All on one page.

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How many protests have Mr. Marshall and Aldevra filed?

Mr. Marshall has represented Aldevra before the GAO in eight protests, one against the Army, which was denied, and seven against the VA, which were sustained.

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Look at "for the protester"under GAO. You also will see Kingdomware which has a protest before the Supreme Court. You should be able to follow Kingdomware's protest from GAO, to the COFC, to the CAFC on that page. When the Supreme Court decides next year, it will be the first Supreme Court bid protest decision listed in the Protests section.

All on one page.

"Like". Thanks!

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It may not be fair to say Aldevra won anything in its protests against Department of Veterans Affairs (VA) procurements that were sustained by GAO. GAO has taken a position on the Veterans Benefits, Health Care, and Information Technology Act of 2006, 38 U.S.C. § 8127 and repeated it on Aldevra, Crosstown Courier, and Kingdomware protests. The VA did not implement any of GAO's recommendations.

The Court of Federal Claims (COFC), in Kingdomware, sided with the VA. The Court of Appeals for the Federal Circuit (CAFC) affirmed COFC's opinion. It now appears that the U. S. Supreme Court (SCOTUS) may declare the Kingdomware case moot which leaves the CAFC opinion standing. That should end protests using GAO for this issue in the future.

I haven't decided whether I agree with GAO or the Courts yet.

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