Friday, September 16, 2011
Back in 2008, the Navy sought a new contractor to provide urine collection services for its federally-mandated rug testing program. RN Expertise, Inc. (RN) submitted a bid and was the prsumptive awardee of the contract. But before it finalized the award, the Navy determined that it could get the same services at a lower price through an interagency agreement (IAA) that the Department of Defense had with the Dpartment of the Interior. So, the Navy cancelled the solicitation and went with the IAA.
RN filed a bid protest, claiming that the Navy's cost analysis was flawed. In February 2011, the Court of Federal Claims granted the governments motion for judgment on the administrative record and dismissed RN's bid protest, RN Expertise, Inc. v. United States, 97 Fed. Cl. 460 (2011). In March, RN moved for reconsideration, claiming that the CoFC's decision did not account for key facts and thus resulted in a manifest injustice. On September 9th, the CoFC issued a new opinion, denying the motion and finding that RN simply sought to relitigate its case.
In its motion for reconsideration, RN argued that the CoFC erred in the way it tested the Navy's cost analysis and that the Navy failed to consider all of the costs associated with the IAA. The CoFC found both of these argument improper on a motion for reconsideration. In its first argument, RN merely raised facts and arguments that the CoFC previously addressed and rejected. In its second, RN raised arguments that could have been raised in its original briefs. Having failed to do so, it is not entitled to a second bite at the apple.