What is the Standard of Review for Your Bid Protest at the Federal Claims Court?
On December 12, 2013, the United States Federal Claims Court issued a decision on a pre-award bid protest filed by Eco Tours. The 61 page decision offers a great deal of material useful for litigating federal bid protests. This post will deal with just one section dealing with the standard of review for bid protests. According to the Court, the standard of review for the typical bid protest is "whether the agency action was arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law." (the Administrative Procedure Act standard). 28 U.S.C. § 1491(b)(4) (incorporating the APA standard set forth in 5 U.S.C. § 706 (2012)); Banknote Corp of America Inc v US, 1350-51 (Fed. Cir. 2004) (citing Advanced Data Concepts, Inc. v. United States, 216 F.3d 1054, 1057-58 (Fed. Cir. 2000)). Also, the Court remarked that "a procurement decision may be set aside if it lacks a rational basis or if the agency’s decision-making involved a clear and prejudicial violation of statute or regulation."