US Court of Federal Claims Decision Released: Motion for Reconsideration for Protest Challenging GSA Decision for Corrective Action

No. 24-1009

Background

CSI’s bid protest challenges the General Services Administration’s (“GSA”) decisions to take corrective action in the procurement at issue and, subsequently, to terminate the contract award to CSI, extend the incumbent contract on a sole-source basis, and issue an amended solicitation.  See Op. & Order at 1–3, ECF No. 34.   The instant dispute concerns CSI’s challenge to the completeness of the Administrative Record filed by the Government in this action …

Discussion

CSI has failed to provide a basis for the Court to reconsider its earlier Opinion and Order.  Its claim that the Court contravened governing Federal Circuit precedent relies on decisions that do not address the standards that apply to cases, like this bid protest, that are assessed under the standards of the APA.  Nor has CSI persuaded the Court that it erred in relying on out-of-circuit authority that does squarely address the specific question at issue.  And finally, CSI has provided no basis for the Court to reconsider its application of the presumption of regularity that applies to GSA’s designation of the Administrative Record …

Decision

Plaintiff CAN Softtech, Inc. (“CSI”) seeks reconsideration of the Court’s October 1, 2024, Opinion and Order granting in part and denying in part CSI’s Motion to Complete the Administrative Record.  After thorough review, the Court concludes that CSI has failed to show that the Court’s Opinion and Order contravened binding circuit precedent, that the Court erred by relying on persuasive out-of-circuit authority, or that the presumption of regularity and completeness should not apply to the Government’s designation of the Administrative Record.  Accordingly, the Court DENIES CSI’s Motion for Reconsideration.

Read the decision here.

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