This case arose from a challenge, a Post-Award Procurement Protest, to the selection of a successor food service Contractor for Army Morale, Welfare and Recreation (MWR) programs at Fort Campbell and at Fort Knox. MWR programs are typically funded out of patron revenues, not appropriated funds. Except in very limited circumstances, the Federal Courts do not have jurisdiction over Claims arising out of activities conducted with nonapproriated funds. This memorandum argues for Federal jurisdiction.
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