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Appeals court says extension constitutes new contract for considering bid protest

August 2, 2016 By Andrew Smith

Award Term ExtensionsOn July 12, 2016, in Coast Professional, Inc. et. al v. United States, No. 2015-5077 (Fed. Cir. July 12, 2016), the U.S. Court of Appeals for the Federal Circuit overturned a Court of Federal Claims (“CoFC”) decision, finding that the CoFC erred in ruling that it did not have bid protest jurisdiction over the award of task orders characterized as “award-term extensions.”

The Federal Circuit’s decision provides clarity on the scope of Tucker Act’s bid protest jurisdiction, and provides a strong defense against Government arguments that attempt to limit that jurisdiction going forward.

The dispute in Coast Professional focused on “award term extensions” to task orders issued through the Federal Supply Schedule (“FSS”).

In 2008, the Department of Education (“DOE”) issued a Request for Quotations (RFQ) for services related to the collection of defaulted student loans. The RFQ stated that the Task Order would include a base term ending March 31, 2011, with additional option periods up to 24 months.

Keep reading this article at: https://www.insidegovernmentcontracts.com/2016/07/federal-circuit-confirms-that-a-task-order-award-term-extension-constitutes-a-new-contract-for-purposes-of-bid-protest-jurisdiction/

Filed Under: Contracting News Tagged With: award protest, COFC, contract extension, contract protests, Court of Appeals, DOE, Education Dept., FSS, RFQ, sovereign immunity, task order, task orders, Tucker Act

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