Government Contracts Claims and Appeals
The Competition in Contracting Act requires agencies to stay performance of contracts protested at GAO. But agencies may authorize performance anyway by issuing an override after a written finding that immediate performance either serves the best interests of the U.S., or if urgent and compelling circumstances require it. Judges at the Court of Federal Claims have taken varying approaches when reviewing an override decision, and the Court of Appeals for the Federal Circuit has not articulated a specific standard of review.
Oracle's bid protest criticizing the Pentagon's procurement process for the $10 billion Joint Enterprise Defense Infrastructure (JEDI) cloud system contract could set the stage for future additional protests.