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A-76 (Rev.): Cost comparison

Court of Federal Claims - Key Excerpts

Plaintiff asked that we declare the Government to be in violation of a federal statute and various procurement rules and regulations. Such a ruling would have no effect on the parties and would be merely an advisory opinion. We cannot grant injunctive relief because plaintiff did not succeed on the merits for the reasons stated. The balance of hardships and the balance of harms tip in plaintiff’s favor, but the public interest is not served by interfering with the Defense Logistic Agency’s procurement process so long as the Agency did not violate applicable laws and regulations. Executive Order 12,615 is not subject to judicial review. OMB Circular A-76 and Parts 169 and 169a of the Department of Defense’s Commercial Activities Program do not apply to the facts of this case. The Government complied with 10 U.S.C. § 2462 by making a realistic and fair assessment that in-house performance would cost less than exercising the contract option or otherwise extending LABAT’s performance.  (Labat-Anderson, Inc., v. U. S., No. 04-1707C, April 26, 2005) (pdf)

Court of Federal Claims - Listing of Decisions

For the Government For the Protester
Labat-Anderson, Inc., v. U. S., No. 04-1707C, April 26, 2005 (pdf)  

 

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