United States Federal Circuit

In plaintiff-company's action seeking declaratory and injunctive relief in connection with the decision by the Department of the Air Force to solicit revised proposals for the services contract previously awarded to plaintiff, denial of plaintiff's request is affirmed where the Court of Federal Claims did not err in finding that: 1) plaintiff's original proposal for the contract was not acceptable because it did not comply with a statutory requirement for award and a material provision of the solicitation; and 2) thus, the Air Force's action was not arbitrary, capricious, or an abuse of discretion.

Appellate Information

• Decided 02/03/2009
• Published 02/03/2009

Judges

• SCHALL, Circuit Judge., Before RADER, SCHALL, and PROST, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Kenneth A. Martin, The Martin Law Firm, PLLC, of McLean, VA, argued for plaintiff-appellant.


• For Appellees:
  
• Steven M. Mager, 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 was Gregory G. Katsas, Assistant Attorney General, Jeanne E. Davidson, Director, Deborah A. Bynum, Assistant Director, and Arlene Pianko Groner, Trial Attorney.   Of counsel on the brief was John G. Terra, Trial Attorney, Commercial Litigation Division, United States Air Force Legal Operations Agency, of Arlington, VA., Jonathan D. Shaffer, Smith Pachter McWhorter PLC, of Vienna, VA, argued for defendant-appellee Tybrin Corporation.   With him on the brief were John S. Pachter and Mary Pat Gregory.