· 4/14/1998
Southfork Systems, Inc. v. The United States, and State of Texas, Acting Through the Texas Commission for the Blind
Citations
- 141 F.3d 1124
- 42 Cont. Cas. Fed. 77,283
- 1998 U.S. App. LEXIS 7448
- 1998 WL 170099
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that trial court properly dismissed protestor’s counts which challenged the government’s promulgation of “regulations that the Air Force followed in conducting” the procurement at issue
- stating that “[w]e never have said, however, that violation of a statute or regulation constitutes a per se breach of the government’s duty to treat all bidders fairly and honestly”
- noting that if a plaintiff wishes to “challenge the validity of a regulation governing a procurement, the proper method of doing so is to bring an action in federal district court under the [APA]”
- If the Government breaches- its implied contract to consider bids fairly and honestly, then the United States Court of Federal Claims also “has the power to award equitable relief.”
- “The ultimate standard for determining whether an unsuccessful bidder is entitled to relief on the ground that the government breached the implied-in-faet contract to consider all bids fairly and honestly is whether the government’s conduct was arbitrary and capricious.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Newman, Rader, Schall
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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