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Expert Analysis

Filing Protests At Both GAO And COFC Can Be Useful

Law360, New York (August 13, 2014, 10:14 AM EDT) -- In July of this year, the Court of Federal Claims published a bid protest decision that, in effect, overturned the U.S. Government Accountability Office's earlier resolution of the same protest. The case is Rush Construction Inc. v. United States, No. 14-402 C (Fed. Cl., July 15, 2014). This decision has, once again, focused attention on "second bite" protests, that is, those cases that were litigated first at the GAO and then later at the COFC. This article attempts to dispel certain false impressions about the impact of second-bite protests, and to show that filing protests at both GAO and COFC can be a useful litigation strategy under the right circumstances....

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