· 10/19/1995
Central Arkansas Maintenance, Inc., Plaintiff/cross-Appellant v. The United States, and Ferguson-Williams, Inc., Third Party Intervenor-Appellant
Citations
- 68 F.3d 1338
- 40 Cont. Cas. Fed. 76,856
- 1995 U.S. App. LEXIS 29670
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that “only violations that amount to a breach of the government’s implied contract to consider an offer fairly and honestly will support the court’s exercise of its injunctive powers.”
- federal courts, with the exception of the Supreme Court, have “jurisdictional reach only so far as Congress allows”
- “However, not all violations of statute and regulation are the same; only a ‘clear and prejudicial’ violation of a procurement statute or regulation warrants relief.”
- “The government has substantial administrative, civil, and criminal enforcement authority under the Procurement Integrity Act to police the procurement process.”
- a protester must show, not only an error in the procurement process, but that the error was prejudicial
- “not all violations of ... [a] regulation are the same; only a ‘clear and prejudicial’ violation of a procurement statute or regulation warrants relief.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Mayer, Michel, Rader
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.