Dyonyx, L.P. v. United States
United States Court of Federal Claims
1Opinion of the Court
OPINION
MILLER, Judge.
This bid protest is before the court after argument on cross-motions for judgment on the administrative record. The Government originally made the senseless jurisdictional argument that an agency arbitrarily can declare a protested proposal to be nonconforming, while accepting the awardee’s allegedly nonconforming proposal, and thereby preclude the protestor from standing to challenge the award. During argument defendant agreed that a protestor can challenge an agency determination that its proposal was noncompliant and that the awardee’s was compliant.
*461FACTS
The…
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