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Bid Protest Standard of Review at the Court of Federal Claims


Vern Edwards

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Anyone who wants to understand the standard of review for Court of Federal Claims bid protest decisions should read Judge Marian Blank Horn's decision in Mortgage Contracting Services, Inc. v. U.S., 153 Fed. Cl. 89, February 7, 2021, pages 33 -41, in which she provides a comprehensive explanation. It's really a short but very informative lecture on the topic. 

If you want to understand the differences between the standard of review at the GAO and at the COFC, read Schaengold, et al., "Choice of Forum for Federal Government Contract Bid Protests," Federal Circuit Bar Journal 2009 (18 Fed. Circuit B.J. 243).

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