Despite Court’s Ruling, Questions Remain Regarding the Automatic Stay Deadline for Bid Protests Following Enhanced Debriefings
Enhanced Department of Defense (“DoD”) debriefings have been heavily utilized in recent years, but there remains uncertainty, and differing interpretations, regarding the point at which an offeror receiving an enhanced debriefing is “on the clock” for purposes of obtaining an automatic stay of performance. In NIKA Techs., Inc. v. United States, No. 20-299C (Fed. Cl. Apr. 16, 2020), the Court of Federal Claims (“COFC”) recently held that, on its facts, the filing period for obtaining an automatic stay did not begin to run until after the two-day window for submitting supplemental questions has passed—even though the offeror submitted no supplemental questions. Potential protesters must understand, however, that NIKA does not provide the safe harbor that some have read in its holding, and it remains essential to understand the agency’s position regarding debriefing closure before planning to protest more than five days after the initial debriefing event.
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