United States Federal Circuit

In in action involving the award of a government contract, Court of Federal Claims' decision setting aside the United States Army's contract award to co-defendant Lockheed is reversed where: 1) the trial court abused its discretion by allowing plaintiff to supplement the record without evaluating whether the record was sufficient to permit meaningful judicial review; 2) the court erred by failing to review the decision under the "arbitrary and capricious" standard; and 3) the court erred by finding that the alleged unenforceability of co-defendant Lockheed's mitigation plan was grounds for setting aside the contract.

Appellate Information

• Decided 05/04/2009
• Published 05/04/2009

Judges

Court

• United States Federal Circuit

Counsel