United States Federal Circuit

In a dispute between ferry companies competing to be awarded the contract with the government for ferry and related services to Alcatraz Island in San Francisco, a judgment on the administrative record for defendants allowing the U.S. to award the contract to Hornblower Yachts is affirmed where: 1) plaintiff-incumbent's argument was properly characterized as a challenge to the terms of the solicitation; 2) a party who has the opportunity to object to the terms of a government solicitation containing a patent error and fails to do so prior to the close of the bidding process waives its ability to raise the same objection afterwards in a section 1491(b) action in the Court of Federal Claims; and 3) there was no error in holding for defendants on plaintiff's challenge pursuant to the Service Contract Act.

Appellate Information

• Decided 06/26/2007
• Published 06/26/2007

Judges

• GAJARSA, Circuit Judge., Before BRYSON, GAJARSA, and DYK, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Alan I. Saltman, Saltman & Stevens, P.C., of Washington, DC, argued for plaintiff-appellant.   With him on the brief was Ruth G. Tiger.


• For Appellees:
  
• Sean M. Dunn, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellee, United States.   With him on the brief were Peter D. Keisler, Assistant Attorney General, and Kathryn A. Bleecker, Assistant Director.   Of counsel was Carolyn A. Lown, United States Department of the Interior, Office of the Solicitor, of Oakland, CA., Kevin R. Garden, The Garden Law Firm, P.C., of Alexandria, VA, argued for defendant-appellee, Hornblower Yachts, Inc. Of counsel were Brian A. Bannon and Andrew W. Dyer, Jr., Blank Rome LLP, of Washington, DC.