Feds May Be Real Winners if Appeal Helps ‘Confused’ Contractors

Contractors need more predictability about when federal agencies may allow contract winners to proceed with performance despite a protest filed by an unsuccessful bidder, Safeguard Base Operations LLC will tell the Federal Circuit in Washington Nov. 7.

The Competition in Contracting Act requires agencies to stop performance of protested contracts.

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 urgent and compelling circumstances require it.

Safeguard, which says the Department of Homeland Security unfairly overrode its protest of a $78 million contract ...