Mil-Mar Century Corp. 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.

• discussing an agency’s use of a price realism analysis to avoid the potential risk of poor performance on a fixed-price contract
• “Determining whether a requirement of the Solicitation is considered a material requirement is a matter within the [a]gency’s discretion.”
• agreeing with Femme Comp. Inc. v. United States, 83 Fed.Cl. 704, 758 (2008) that “looking beyond the adjectival ratings is necessary because proposals with the same adjectival ratings are not necessarily of equal quality”
• “[A]n agency ‘may’ perform price realism analyses ‘on competitive fixed-price-type contracts.’” (quoting FAR 15.404 — 1(d)(3))
• “[P]laintiff has failed to meet the heavy burden of proof necessary to show that this determination lacked a rational basis[.]” (citing cases)
• “[T]he agency’s characterization of an exchange as a clarification is entitled to deference from the court[.]”

Source: CourtListener parenthetical corpus (CC0).