Federal Circ. Says no waiver in high profile CBP contract case


By Daniel Wilson (Dec. 7, 2021, 9:30 p.m. EST) – The Federal Circuit on Tuesday reignited a company’s closely watched dispute over a $ 325 million contract with U.S. Customs and Border Protection, ruling it had not given up on his protest by failing to “pursue diligently” the case in the Federal Claims Court.

Harmonia Holdings Group LLC had retained its right to protest against CBP’s cargo screening request solicitation by timely submitting an earlier protest to the agency itself, a three-judge panel ruled in a landmark ruling. This meant that a delay in referral to the claims tribunal did not trigger the federal circuit’s so-called Blue & Gold rule, according to the panel.

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