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)
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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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