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NIKA TECHNOLOGIES, INC. v. UNITED STATES

2020-1924.

987 F.3d 1025 (2021)

NIKA TECHNOLOGIES, INC., Plaintiff v. UNITED STATES, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

Decided: February 4, 2021.

Attorney(s) appearing for the Case

James William Poirier , Commercial Litigation Branch, Civil Division, United States Department of Justice, Washington, DC, argued for defendant-appellant. Also represented by Jeffrey B. Clark , Robert Edward Kirschman, Jr. , Douglas K. Mickle.

Before Prost, Chief Judge, Lourie and Hughes, Circuit Judges.

Bid protests filed at the Government Accountability Office within five days of debriefing invoke an automatic stay of performance of the underlying contract under 31 U.S.C. § 3553(d). NIKA Technologies, Inc. filed a bid protest at the GAO six days after receiving a written debriefing regarding its failed bid on a government...

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