Advanced American Construction, Inc. v. United States

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• explaining that a solicitation’s requirements “cannot be viewed as responsibility requirements . . . because they are not required to be satisfied by the contractor until after the contract is awarded”
• granting defendant’s RCFC 12(b)(6) Motion to Dismiss pursuant to Blue & Gold’s waiver rule based on plaintiff’s failure to timely and diligently pursue its pre-award protest grounds
• \[T]he language of section 10.002(e) is precatory in nature and does not establish any mandatory documentation requirement. That section states that agencies 'should' document the results of their market research; it does not state that those agencies 'shall' do so.\
• “[T]he agency enjoys substantial discretion in determining how much and what type of market research is ‘appropriate to the circumstances’ for the purpose of ‘[d]etermin[ing] if sources capable of satisfying the agency’s requirements exist.’ ” (quoting FAR 10.001(a))
• “[T]he language of [the FAR] . . . does not establish any mandatory documentation requirement. [It] states that agencies ‘should’ document the results of their market research; it does not state that those agencies ‘shall’ do so.”

Source: CourtListener parenthetical corpus (CC0).