Fed. Circ. Won't Let ICE Deal Bidder Challenge $277M Award

Law360 (July 20, 2021, 8:33 PM EDT) -- The Federal Circuit has ruled that a bidder's failure to adjust its proposal in response to amendments to a U.S. Immigration and Customs Enforcement solicitation for detention services meant the company lacked the legal standing to challenge the awarding of the contract to another business.

Asset Protection and Security Services LP's failure to account for ICE's announcement that a tax exemption that had originally underpinned the company's pricing was no longer available meant that Asset Protection had failed to meet a material term of the solicitation, a three-judge panel ruled Monday in a precedential decision, affirming a Court of Federal Claims ruling....

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