In a dispute involving a pre-award protest of the Army Corps of Engineers' solicitation for indefinite duration indefinite quantity multiple-award task order contracts for dredging, court of federal claims judgment permanently enjoining the Corps from using the solicitation is reversed where: 1) plaintiff has standing to challenge the solicitation as it has demonstrated a non-trivial competitive injury which can be addressed by judicial relief; but 2) plaintiff did not establish that the solicitation violated 10 U.S.C. sec. 2304(a), as the Corps' decision to issue the solicitation evinced rational reasoning and consideration of relevant factors.
Appeal from the United States Court of Federal Claims.
Decided August 10, 2009
Before Before RADER, SCHALL, and DYK, Circuit Judges.
Dissenting opinion by Circuit Judge DYK.
Opinion by SCHALL, Circuit Judge.
For Defendant: Misha Preheim, United States Department of Justice, Washington, DC.