United States Federal Circuit

In this consolidated appeal of two actions brought in the Court of Federal Claims, plaintiff challenges the decisions of the Bureau of Prisons of the United States Department of Justice to award two contracts to other bidders. Plaintiffs alleges that the awards were improper, and that there was a common defect in the terms of the solicitations and problems in the evaluation of competing bids. The Court of Federal Claims dismissed plaintiff's suit, finding that plaintiff's proposal, by failing to commit to a fixed price, was materially out of compliance with the terms of the solicitation. The court also found that plaintiff was not an "interested party" entitled to bring its protest under 28 U.S.C. section 1491(b). Dismissal is affirmed on different grounds, where: 1) because plaintiff did not adequately present its objection to the solicitations before the awards, plaintiff waived its ability to challenge the solicitations in the Court of Federal Claims; and 2) on appeal, plaintiff failed to preserve its separate challenges to the bid evaluations.

Appellate Information

• Decided 03/12/2015
• Published 03/12/2015

Judges

• Taranto

Court

• United States Federal Circuit

Counsel