Client Alerts & Newsletters

Post-Award Challenge to Solicitation Defect Upheld

June 15, 2015

In Per Aarsleff A/S v. United States (June 5, 2015), the Court of Federal Claims sustained protests against the Air Force's award of a contract to operate, maintain, and support an air base in Greenland and enjoined performance by a Danish subsidiary of an American company when the court interpreted an eligibility requirement to prohibit award to non-Danish primes. The court rejected the Air Force's argument that the rule of Blue & Gold Fleet barred offerors from raising the solicitation defect post-award, because the ambiguity was latent and the Air Force had discovered it three months prior to award but had failed to correct it. 


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Amy Laderberg O'Sullivan
Partner – Washington, D.C.
Phone: +1.202.624.2563
Email: aosullivan@crowell.com

Olivia Lynch
Partner – Washington, D.C.
Phone: +1.202.624.2654
Email: olynch@crowell.com

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