Agency’s Corrective Action Voluntary Where Court Did Not Issue An Order Requiring Any Specific Action; Court of Appeals for the Federal Circuit 2016-2304, Dellew Corporation v. United States, Tech Systems Inc.

The government’s appeal of a Court of Federal Claims order to pay a protester’s attorney fees and costs is granted, where comments made by COFC during oral arguments suggesting that it would find in favor of the plaintiff did not alter the relationship between the agency and the protester, and where the agency’s corrective action was voluntary, despite the court’s comments during oral arguments, because the court did not issue an order directing the government to take any specific action.