COURT OF FEDERAL CLAIMS TASK ORDER BID PROTEST JURISDICTION AND EXPECTATION DAMAGES: THE 2009 MCKENNA LONG & ALDRIDGE "GILBERT A. CUNEO" GOVERNMENT CONTRACTS MOOT COURT COMPETITION

Before the Court is a unique, consolidated case. Plaintiff, Austen Technologies Inc, has initiated a bid protest challenging the award of task order. The Court is accustomed to hearing protests of garden-variety government contract awards. Yet this Court has not previously encountered a protest agai...

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Bibliographic Details
Published in:Public contract law journal 2009-06, Vol.38 (4), p.975-1057
Main Authors: Chow, Matthew, Ward, Tara L., Bryan, Amy, Richard, Theodore
Format: Article
Language:English
Subjects:
Accountability
Bad faith
Breach of contract
Business orders
Competition
Contract breaches
Contract law
Contracts
Court decisions
Court orders
Government
Government contracts
Jurisdiction
Laws, regulations and rules
Lost profits damages
Memoranda
Moot Court
Plaintiffs
Political protests
Privileges & immunities
Public contracts
State court decisions
Statutory law
Subject matter jurisdiction
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Summary:Before the Court is a unique, consolidated case. Plaintiff, Austen Technologies Inc, has initiated a bid protest challenging the award of task order. The Court is accustomed to hearing protests of garden-variety government contract awards. Yet this Court has not previously encountered a protest against a task order awarded under an indefinite-delivery/indefinite-quantity (ID/IQ or umbrella) contract when the scope, period, or maximum value of the ID/IQ contract was not at issue. Adding to the uniqueness of the case is Austen's breach-of-contract claim. For the reason set in this article, the court denies Defendant's Motion to Dismiss for Lack of Subject Matter Jurisdiction, grants Plaintiff's Motion for a Permanent Injunction, and grants in part and denies in part Plaintiff's Motion for Partial Summary Judgment. In this article, a memorandum is designed to supply you with the relevant information considered in drafting the competition problem, as well as to introduce the major arguments that competitors are likely to make.
ISSN:0033-3441
2162-8181