In a recent blog post, we explained that the Federal Circuit’s decision in Cleveland Assets, LLC may have narrowed the COFC’s bid protest jurisdiction.  Prior decisions had held that a protester need only allege a violation of statute or regulation “in connection with” a procurement or proposed procurement to fall within the COFC’s Tucker Act bid protest jurisdiction.  But in Cleveland Assets, the Circuit held that the COFC lacked jurisdiction because the specific statute alleged to have been violated was not a “procurement” statute.  We questioned whether the Court had intentionally narrowed the COFC’s bid protest jurisdiction.
Continue Reading Federal Circuit Denies Rehearing En Banc for Decision Potentially Narrowing the COFC’s Bid Protest Jurisdiction