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The Reemergence of District Court Bid Protest Jurisdiction Open Access

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The history of bid protest jurisdiction in the federal procurement system involves repeated twists and turns creating a great deal of confusion and complexity in a system that strives for transparency and efficiency. This windy road was created by Congress and by court opinions with each attempt to limit or "fix" bid protest standing resulting in confusion regarding the availability of district court APA bid protest jurisdiction. Recent case development has highlighted this confused area of the federal procurement system, but has also underscored the ongoing importance of district court bid protest jurisdiction. District court APA jurisdiction serves as an alternative route to judicial redress for a protestor lacking standing in either the GAO or COFC. Further, its broad scope allows for greater judicial flexibility in dealing with new and inventive procurement vehicles. As such, courts should give serious reconsideration to APA bid protest jurisdiction.

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