What is Adverse Agency Action? A Comprehensive Legal Overview
Definition & Meaning
Adverse agency action refers to any action or lack of action by a government agency that negatively affects a protest filed against it. This can include decisions made on the merits of the protest, the opening of bids or proposals, awarding a contract, or rejecting a bid or proposal while a protest is still pending. It also encompasses situations where an agency allows significant contract performance to continue despite an ongoing protest.
Legal Use & context
This term is primarily used in the context of government contracting and procurement processes. It is relevant in administrative law and can impact various legal areas, including civil rights and public procurement. Understanding adverse agency action is crucial for individuals or businesses involved in bidding for government contracts, as it helps them navigate the protest process effectively. Users can manage some aspects of this process themselves using legal templates from US Legal Forms, which are drafted by experienced attorneys.
Real-world examples
Here are a couple of examples of abatement:
Example 1: A company files a protest against a government contract award. While the protest is under review, the agency decides to proceed with the contract award. This decision is considered an adverse agency action.
Example 2: A contractor continues to perform under a contract despite a pending protest from a competitor. This situation may also be classified as adverse agency action. (hypothetical example)