Court of Federal Claims Sides with Company in Bid Protest Over Interpretation of the Trade Agreements Clause in a Solicitation for a Pharmaceutical Product

By Michelle L. Butler & Alan M. Kirschenbaum — On July 10, 2018, the Court of Federal Claims found the Department of Veterans Affairs’ (“VA’s”) interpretation of the Trade Agreements clause to be arbitrary and capricious in Acetris Health, LLC v. United States, No. 18-433C (Fed. Cl. July 10, 2018) (the “Decision”). This action arose out of the VA’s rejection of an offer by Acetris Health (“Acetris”) in response to a solicitation to supply Entecavir Tablets to the VA and the Department of Defense. Acetris sued the United States seeking declaratory and injunctive relief. The Decision came on cross-motions on the administrative record.  (The government moved to dismiss Acetris’ bid protest for lack of standing. The Court disagreed, finding that Acetris did have standing to pursue its claims. Id. at 2-3.) Before getting to the specifics of this case, we note that it is one of two actions filed by Acetris…

Read more detail on Recent Products Liability posts –

This entry was posted in Products Liability and tagged , , , , , , , , , , , , , . Bookmark the permalink.

Leave a Reply