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Key Case Law Rules for Government Contract Formation by Patrick Butler

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CHAPTER 1Protest Grounds Alleging That the Government Is Wrongfully Preventing Competition

1. LACK OF ADVANCE PLANNING

Overview of This Protest Ground: Protests often arise when a company wants to compete for a particular government requirement but the government has awarded a sole-source contract to a competitor or has otherwise failed to open the requirement up for competition. Sometimes these types of protests are filed against a modification to a contract that a protester believes is “outside the scope” of the awarded contract and, in its view, circumvents competition in violation of the Competition in Contracting Act (CICA).

Although there ...

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