DGR Assocs., Inc. v. United States

DGR, seeking an Air Force contract, filed a formal agency-level protest with respect to bid procedures, which the Air Force denied, referencing a DOJ memorandum and a memorandum from the Office of Management and Budget. Pursuant to established appeal procedures, DGR next filed its protest with the GAO, which sustained the appeal despite the contrary Department of Justice and OMB directives. The Air Force was told to rebid the contract consistent with the GAO reading of the Act. The Air Force declined to comply. DGR filed suit, prevailed, and was awarded attorneys’ fees and costs under the Equal Access to Justice Act, 28 U.S.C. § 2412. The Court of Federal Claims determined that the government’s position in the underlying bid protest was not substantially justified. The Federal Circuit reversed. Given the then-existing disagreement among all three branches of the federal government over the law applicable to this bid protest, the Claims Court erred in finding that the government’s position was not substantially justified. View "DGR Assocs., Inc. v. United States" on Justia Law