RN Expertise v. United States

Court Order Dismissing Government Motion to Dismiss

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Court Order dismissing government motion to dismiss portion of bid protest. Jurisdiction based on 28 USC 1491(b)(1), which gives the Court “jurisdiction to render judgment on an action by an interested party objecting to . . . any alleged violation of statute or regulation in connection with a procurement or proposed procurement.” Plaintiff alleged that the government illegally used an inter-agency agreement to obtain services after canceling plaintiff's award. The Court held that plaintiff did not need to be able to be a party to an inter-agency agreement in order to have standing to challenge illegality in connection with the use of the inter-agency agreement. Opinion follows the Federal Circuit's precedent in Distributed Solutions, Inc. v. United States, 539 F.3d 1340, 1345 (Fed. Cir. 2008), and the statutory definitions of "procurement" from 41 U.S.C. § 403(2) and 10 U.S.C. § 2302(3).

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Reference Info:Decision | Federal, Federal Circuit, Claims Court | United States


DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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