We acknowledge the importance of this agencys mission, and we considered carefully whether its constituents could be harmed by a delay, if any. In enacting the automatic stay, Congress provided an automatic and immediate injunction pending the disposition of a bid protest in certain circumstances rather than requiring a protester to incur the onerous burden of proof otherwise required for injunctive relief Permitting agencies to override the stay based on broad assertions and routine administrative roadblocks would eviscerate the automatic stay. Defendants argument is essentially that the stay must be overridden to avoid a lapse in services because it waited too late; it failed to extend the previous order or enter into a bridge contract. at 716 ([T]he publics interest likewise lies in preserving the integrity of the competitive process such, indeed, clearly was Congress view in providing that except in circumstances not yet demonstrated here, the automatic stay should prevail.) To allow an override based merely on the fact that to work towards a bridge contract, or to have acted timely and negotiated an extension are more difficult to accomplish than continuing to have the incumbent perform the new contract, would allow agency manipulation of a congressional mandate.
CICA provides an exception to the override when the override is in the best interests of the United States, not an individual agency or subset of citizens. Defendant argued that it is not possible to extend the previous order, and to negotiate a bridge contract would take at least 18 to 30 days.
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The remaining factors likewise do not break in SVDs favor.
First, SVD has not shown that it is likely to succeed on the merits of its claim.
or in subsequently performing the work if it is successful in its protest, because if [the] plaintiff is successful at the GAO, the original contract, in its entirety, will still be available.
In that case, an agency seeking IT services awarded a 120-day bridge contract to a contract awardee after a disappointed offeror protested the contract award at GAO.