FEDERALUnited States Court of Federal Claims
2008

EOD Technology, Inc. v. United States

82 Fed. Cl. 12United States Court of Federal Claims • Decided 2008Voided

HOLDING

EOD Technology protested a contract award to American K-9 for canine services in Afghanistan. When the protest was filed, a GAO stay automatically halted contract performance. The Army overrode that stay without proper justification. The court ruled the override was illegal because the Army failed to show urgent circumstances or consider whether other companies could do the work. This decision protects subcontractors' right to have their protests heard before work begins.

KEY FINDINGS

Termination for Convenience

When you file a GAO protest, work must stop automatically. An agency cannot override this stay just because it wants to—they must prove urgent national security or compelling reasons exist.

FULL COURT OPINION