Federal Circuit Refuses to Apply Stricter Injunctive Relief Test to GAO Stays

We have noted in past posts that, in some cases, it may make sense to protest a solicitation evaluation or award decision at GAO simply to get a stay on the award. This is because, if you meet certain deadlines, a stay of award and performance is automatically placed on the procurement for the duration of the protest. Now, there are circumstances in which an agency can override this stay, but the burden is on the agency to show such an override is necessary. The Federal Circuit confirmed this is the case in Life Science Logistics, LLC v. United States, 172 F.4th 1357 (Fed. Cir. 2026), in which an agency tried to get the higher burden for a preliminary injunction placed on GAO protesters. This decision suggests that agencies may think more carefully about attempting overrides of stays going forward.

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