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Expert Analysis

Act Quickly To Preserve Bid Protest Rights

Law360, New York (December 21, 2012, 1:17 PM EST) -- The Federal Circuit's recent opinion in Comint Systems Corporation & EyeIT.com Inc., Joint Venture v. United States clarifies the broad scope of the equitable waiver rule applicable to solicitation challenges in bid protests brought before the Court of Federal Claims.[1] The Federal Circuit's decision reaffirms the principle established in the Federal Circuit's decision in Blue & Gold Fleet LP v. United States[2] that a contractor who sits on his right to challenge a solicitation risks waiver of the right to bring such a challenge in a subsequent bid protest action before the Court of Federal Claims....

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