Court Can't Hear Challenge To GAO Unredacted Bid Protest
Daniel Wilson, Law360, May 30, 2018
A Washington, D.C., federal judge tossed a challenge to the U.S. Government Accountability Office’s proposed release of an unredacted bid protest decision involving a military maintenance deal, ruling Wednesday that the court lacked jurisdiction because the GAO is not an “agency” under the relevant law.
The GAO, as a legislative branch agency, is not an “agency” for the purposes of the Administrative Procedure Act and therefore has sovereign immunity from lawsuits under the act, U.S. District Judge Dabney L. Friedrich ruled, dismissing Pond Constructors Inc.’s suit. Pond had argued the unredacted decision contained bid rating and pricing information it wanted to keep from public view.
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