tag:blogger.com,1999:blog-4031456200815202903.post7107801177841240946..comments2022-04-14T17:25:17.504-07:00Comments on Blogged Down in Procurement ...: The virtues of protest actionsJohn Thos. Brownhttp://www.blogger.com/profile/05218871138450338553noreply@blogger.comBlogger2125tag:blogger.com,1999:blog-4031456200815202903.post-13751471043484994732010-07-16T01:44:21.232-07:002010-07-16T01:44:21.232-07:00Thank you for your comment, though I would prefer ...Thank you for your comment, though I would prefer the discussion here not be anonymous.<br /><br />The door for mandamus and other such action is always open, even during or after protest and appeal. Eliminating the right to protest, however, will likely substantially limit the ability to scrutinize and have a critical analysis of the decisions and decision making processes, due to the court's limited standard of review. See the discussion of Jurisdiction in Article XVIII of the Guam Procurement Process Primer, Ver 1.9. <br /><br />Further, questions of standing, form of action and other legal procedural impediments to a substantive review come into play when parties are limited to judicial action.<br /><br />So, "as a practical matter", it not only makes shining a light on the review process more difficult and unlikely, and sets up more legal procedural traps for the unwary, by requiring diversion from administrative review to court review, it guarantees the process will be more expensive and time consuming.John Thos. Brownhttps://www.blogger.com/profile/05218871138450338553noreply@blogger.comtag:blogger.com,1999:blog-4031456200815202903.post-40116018792885783362010-07-15T23:14:59.006-07:002010-07-15T23:14:59.006-07:00As a practical matter, wouldn't eliminating th...As a practical matter, wouldn't eliminating the right to protest any particular part of the procuremnt process (i.e. finance) open up the door for mandamus or other actions in the Superior Court. <br /><br />The only thing that seems to hold Superior Court actions back is the requirement that Administrative remedies must be exhausted before Judicial actions can be pursued. If the Administrative remedies are elimninated, there could still be judicial 'protests', right?<br /><br />Obviously removing one avenue of redress hurts would-be protestors, but it might also make the process cheaper for them, depending on how often finance-related protests end up in the courts after the administrative remedies have been pursued.<br /><br />I eagerly await any thoughts you might have on this.Anonymousnoreply@blogger.com