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· 1/14/2013

Orion Technology, Inc. v. United States

Citations

  • 704 F.3d 1344
  • 2013 WL 141740
  • 2013 U.S. App. LEXIS 897

How courts have described this case

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

  • holding that “prejudice (or injury) is a necessary element of standing”
  • stating that to establish standing the bid protestor must show that it was an actual bidder and that it had a substantial chance of winning the contract
  • applying substantial chance standard because agency’s evaluation provided “adequate factual predicate” to determine preju- dice
  • applying the “substantial chance” test for prejudice where there was “an adequate factual predicate to ascertain under the traditional ‘substantial chance’ standard whether [the protestor] was prejudiced”
  • reviewing the protestor’s exclusion from the competition by applying the arbitrary and capricious standard
  • rejecting plaintiff’s argument “that the ‘non- trivial competitive injury’ standard should apply to this post-proposal, preevaluation protest” because that standard is simply “an exception to the general standing test in the case of pre-bid, pre-award protests”

Source: CourtListener parenthetical corpus (CC0).

Judges: Clevenger, Lourie, Wallach

Read full opinion on CourtListener

Sourced 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.