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List of cases where GAO and Court of Federal Claims differ on the same legal question?


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Is there a list on wifcon, or anywhere else, of cases where GAO and the Court of Federal Claims differ on the same legal question? I find articles here and there, like in Nash and Cibinic, but I am looking for a comprehensive list of situations in which GAO and COFC diverge.

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Guest Vern Edwards

There are several more such cases. The way to come up with a list would be to search COFC decisions for mention of the GAO, then go through each one to find out whether it was filed with the court following an unfavorable GAO decision, then see if the court differed with the GAO. To be safe you would also want to check periodicals like The Government Contractor. It would be at least three or four hours worth of work using a service like LEXIS or Westlaw.

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Guest Vern Edwards

There were at least five cases in 2010 in which the COFC disagreed with the GAO. The most recent was Angelica Textile Services v. US, decided on October 26.

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