Watching the Sunset: Anticipating Gao's Study of Concurrent Bid Protest Jurisdiction in the Cofc and the District Courts

11 Pages Posted: 4 May 2005 Last revised: 31 May 2012

See all articles by Steven L. Schooner

Steven L. Schooner

George Washington University - Law School

Date Written: 2000

Abstract

The 1970 D.C. Circuit ruling in Scanwell Labs. v. Shaffer, 424 F.2d 859, turned the issue of federal court jurisdiction over bid protest litigation into a legal experiment. Thirty years later, the putative sunset of statutory District Court jurisdiction, and a Congressional mandate that GAO undertake a comprehensive study of the need for concurrent jurisdiction, offered an opportunity to judge the success of this experiment. This brief paper reviews the history leading up to the GAO study; discusses how the protest regime helps ensure procurement integrity; critiques the scope and methodology of study; and, ultimately, argues that elimination of District Court jurisdiction hinders the opportunity of small businesses to challenge violations of federal procurement law.

Keywords: Scanwell, protests, disappointed offeror litigation

JEL Classification: H57, K13, K23, K41

Suggested Citation

Schooner, Steven L., Watching the Sunset: Anticipating Gao's Study of Concurrent Bid Protest Jurisdiction in the Cofc and the District Courts (2000). The Government Contractor, Vol. 42, No. 12, 2000; GWU Law School Public Law Research Paper No. 146; GWU Legal Studies Research Paper No. 146. Available at SSRN: https://ssrn.com/abstract=717902

Steven L. Schooner (Contact Author)

George Washington University - Law School ( email )

2000 H Street, N.W.
Washington, DC 20052
United States
202-994-3037 (Phone)
202-994-5614 (Fax)

HOME PAGE: http://www.law.gwu.edu/steven-l-schooner

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