Big Bid Protest Win at the COFC

The team of Bill Savarino and John O’Brien won a significant decision in favor of NetStar-1 Government Consulting, Inc. at the U.S. Court of Federal Claims involving an Organizational Conflict of Interest (“OCI”). NetStar filed a protest at the GAO alleging that the awardee of a Department of Homeland Security, U.S. Immigration and Customs Enforcement (“ICE”) contract had an OCI that afforded them an unequal access to, among other things, NetStar’s proprietary labor rates under NetStar’s incumbent contract. The GAO denied NetStar’s protest, which prompted NetStar to file a protest with U.S. Court of Federal Claims (COFC No. 11-294C). Judge Allegra granted NetStar’s request for a preliminary injunction pending a decision on the merits on June 13, 2011. After considerable briefing and oral argument, Judge Allegra granted NetStar’s protest and permanently enjoined ICE from awarding the contract to ALON on October 17, 2011. ICE has appealed the decision to the U.S. Court of Appeals for the Federal Circuit.