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Agency's Corrective Action Based Upon GAO Recommendation Reasonable

Mar.06.2009

In ASRC Research & Tech. Solutions, LLC (Aug. 21, 2008), GAO determined that NASA conducted flawed technical and past performance evaluations and recommended a limited re-evaluation that ultimately led to a contract award to the protester (represented by C&M). The awardee in the first competition fought to turn the tables on ARTS in a subsequent protest before the CFC, but ARTS successfully defended the award in SP Systems, Inc. v. United States (Feb. 11, 2009), in which the Court found that, although NASA could have taken other corrective actions, NASA's decision to follow GAO's recommendation strictly was reasonable.

For more information, please contact the professional(s) listed below, or your regular Crowell & Moring contact.

Marc F. Efron
Retired Partner – Washington, D.C.
Email: mefron@crowellretiredpartners.com

Amy Laderberg O'Sullivan
Partner – Washington, D.C.
Phone: +1 202.624.2563
Email: aosullivan@crowell.com

John E. McCarthy Jr.
Partner – Washington, D.C.
Phone: +1 202.624.2579
Email: jmccarthy@crowell.com

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