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Will another protest delay Alliant 2 Unrestricted?

The $50 billion Alliant 2 Unrestricted contract has hit another protest snag but it is unclear at this time whether it will slow the General Services Administration's launch of the contract on July 1.

Kratos Defense & Security Solutions has filed a new protest at the Government Accountability Office arguing that they should be part of the $50 billion Alliant 2 contract for IT services to federal agencies. The Court of Federal Claims recently ruled in favor of GSA and denied a lawsuit involving other unsuccessful bidders on Alliant 2 Unrestricted.

This prompted GSA to announce that the contract would likely be open for business on July 1.

Kratos didn’t join that lawsuit but had its protest at GAO dismissed because the Court of Federal Claims is the higher authority.

Neither Kratos nor GSA have responded to requests for comment.

In bringing the protest back to GAO, Kratos has to argue that the Court of Federal Claims ruling didn’t apply to their issue with the awards.

If GAO disagrees, it will dismiss Kratos’ protest in deference to the court’s ruling. But if they agree that Kratos is raising an unrelated issue then the full protest process will move forward.

Another question is whether Kratos’ protest means there is a stay or injunction on the Alliant 2 Unrestricted contract moving as GSA plans for July 1.

One legal source expressed doubt that the protest would delay the start because it is so far past the date of when awards were made. Apparently, one of the few questions that can be raised at this stage is whether Kratos can be added or not.

Other protests could be coming also, as other companies read through the Court of Federal Claims ruling and decide whether the decision applies to them or not. 

Posted by Nick Wakeman on Jun 08, 2018 at 9:32 AM

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