Monday, January 2, 2012
Another federal protest dismissed for lack of standing
As protest continue to increase, the GAO and Court of Federal Claims continue to toss them on procedural bases rather than their merits. One of the latest is Joint Venture of Comint Systems Corp. and EyeIt.com Inc. v. United States, Fed. Cl., Nos. 11-400 C, 11-416 C, 12/19/11, dismissed because the court concluded the protestor was not in a likely position to obtain award, even but for the protest grounds. Prospective awardees continue to increasingly fight procurement decisions, but this case further exemplifies that protest alone does not lead to decision on the protest merits. Increasingly agencies are seeking to dismiss protests on such procedural grounds and so avoid the protest merits. The court in this case again agreed with that approach, leaving the merits for decision in another case, if at all.