Disregard that last blog!
Despite that CoFC decision, the Federal Circuit, which has appellate jurisdiction over the CoFC, discussed the CoFC’s equitable powers in its recent decision in Turner Constr. Co., Inc. v. U.S., 10-CV-195, decided July 14, 2011. In it, the Federal Circuit confirmed the CoFC’s decision to enjoin the procurement of a contract to a bidder and to order that another bidder’s contract be reinstated (this was an appeal of a GAO decision recommending an agency re-procure without participation of the awardeed contractor).
The Federal Circuit noted that the CoFC was awarded broad equitable powers under the Tucker Act by reason of the power to “award any relief” language in that act, and that thus the CoFC “has broad equitable powers to fashion an appropriate remedy.” The decision also addresses in detail the standard to be applied by the CoFC in reviewing the CoFC’s review of a GAO decision, and the GAO’s review of the agency’s decision. Interesting read if you need legal analysis regarding either.