A Bid Protest Won't Hold Against An Icy Storm Of'urgent And Compelling Circumstances'

Thursday, June 04, 2009 05:42 pm

A Bid Protest Won't Hold Against An Icy Storm Of'urgent And Compelling Circumstances'

If you file a bid protest as winter approaches, be prepared for weather concerns to constitute"urgent and compelling circumstances"that means the United States can continue the project without waiting for the Comptroller General's decision.

When the government can override

Under the Competition in Contracting Act(CICA), government agencies can override your protest if"urgent and compelling circumstances that significantly affect interest of the United States will not permit waiting for the decision of the Comptroller General concerning the protest."31 U.S.C. § 3553(d)(3)(C).

To assert that such urgent circumstances exist, an agency must(1)determine whether awaiting a Comptroller General decision will result in"significant adverse consequences",(2)consider any alternatives to proceeding despite the pending protest,(3)weigh the costs of proceeding, and(4)consider any action's impact on competition and the integrity of the procurement system.See Reilly's Wholesale Produce, 73 Fed.Cl.at 7[...]