Court of Federal Claims judgment holding that the United States Army Corps of Engineers was authorized to use Indefinite Deliver/Indefinite Quantity Contracts for the design and construction of military buildings is affirmed where: 1) there is no statutory or regulatory provision that precludes such use of IDIQ contracts for a procurement of construction; 2) the Corps did not abuse its discretion in concluding that the use of IDIQ contracts to obtain a large military construction was the most appropriate method of proceeding and therefore best served the interests of the United States; and 3) the Corps' conduct of this procurement did not violate statutory and regulatory provisions designed to aid and protect small businesses.
Read Tyler Construction Group v. US, No. 08-5177
Appellate Information
Appeal from the United States Court of Federal Claims.
Decided: June 25, 2009
Judges
Before MAYER, FRIEDMAN, and RADER, Circuit Judges.
Opinion by FRIEDMAN, Circuit Judge.
Counsel
For Plaintiff: Michael H. Payne, Payne Hackenbracht & Sullivan, Fort Washington, Pennsylvania.
For Defendant: Douglas G. Edelschick, United States Department of Justice, Washington, DC.
