Analysis

Claims Court Acquisition Ruling Limits Protest Avenues

By Daniel Wilson (September 27, 2021, 9:14 PM EDT) -- The Court of Federal Claims' recent decision in a protest over a novel Air Force commercial acquisition shows that agencies' broad authority to carry out those deals isn't immune from review, but keeps the circumstances for successful challenges narrow.

In a first-of-its-kind decision on Sept. 17, Judge Charles F. Lettow said the claims court had jurisdiction over Kinemetrics Inc.'s protest involving a commercial solutions opening, or CSO, a streamlined process for agencies to acquire innovative commercial solutions to fill a particular need.

But he ultimately denied the protest, saying the U.S. Air Force had acted within its broad discretion when carrying...

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