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United States Federal Circuit


Frankel v. US, 2015-5146

In a government contracts action challenging the results of the FTC's 'Robocall Challenge,' a prize competition for 'creat[ing] innovative solutions to block illegal robocalls, the Court of Federal Claims' grant of summary judgment to defendant is affirmed where: 1) the relationship between a contestant and sponsoring agency arising out of the prize competition statute, 15 U.S.C. section 3719, is a contractual offer by a sponsor and entry by a contestant is an acceptance; 2) the contract at issue was not a procurement contract and plaintiff lacked standing to enjoin the result under 28 U.S.C. section 1491(b); and 3) plaintiff is unable to show fraud, and the contract's liability clause bars suit.

Appellate Information

  • Published 2016/12/01

Judges

  • PROST

Court

  • United States Federal Circuit

Counsel

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