NEWS AND PRESS
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IMPRESA CONSTRUZIONI GEOM. DOMENICO GARUFI V. UNITED STATES, 238 F.3D 1323 (FED. CIR. 2001).
The impact of the Garufi case on government contractors, and the public at large cannot be overstated. The Government Accountability Office revised its regulations to hear challenges to affirmative determinations of responsibility. In FN Manufacturing, Inc., B 297172, B 297172.2, 2005 CPD ¶ 212 December 1, 2005, the GAO explained the significance of the Garufi cases stating: “on December 31, 2002 our Bid Protest regulations were revised to add as a specified exception protests ‘that identify evidence raising serious concerns that, in reaching a particular responsibility determination, the contracting officer unreasonably failed to consider available relevant information or otherwise violated the statute or regulation.’ 67 Fed. Reg. 79, 833, 79, 836 (2002). This change was made in light of a seminal decision from the United States Court of Appeals for the Federal Circuit Impresa Construzioni Geom. Domenico Garufi v. United States, 238 F.3d 1323 (Fed. Cir. 2001) (“Garufi I”), which held that affirmative determinations of responsibility by contracting officers are reviewable by the Court of Federal Claims under the ‘arbitrary and capricious’ standard applicable under the Administrative Procedure Act. We explained in the preamble to the revision that it was ‘intended to encompass protests where, for example, the protest includes specific evidence that the contracting officer may have ignored information that by its nature, would be expected to have a strong bearing on whether the awardee should be found responsible. ’ 67 Fed. Reg. 79, 833, 79, 844; see also Verestar Gov’t Servs. Group, B 291854, B 291854.2, April 3, 2003, 2003 CPD P 68 at 4.”
In Impresa Geom Domenico Garufi v. United States, 238 F.3d 1324 (2001), Sam Gdanski argued that the Navy did not properly conduct a responsibility determination of a competitor. The case was remanded back to the Court of Claims where the Court decided in my clients favor.
LEGAL TIMES
Article in the Legal Times on Sam Gdanski and his landmark case Impresa Geom Domenico Garufi v. United States