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BENDER SHIPBUILDING & REPAIR CO., INC. v. U.S.

No. 02-5036.

297 F.3d 1358 (2002)

BENDER SHIPBUILDING & REPAIR CO., INC., Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee, and Halter Marine, Inc., Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

July 26, 2002.

Attorney(s) appearing for the Case

Michael Joseph, Dyer Ellis & Joseph, P.C., of Washington, DC, argued for plaintiff-appellant. With him on the brief was Brian A. Bannon.

Edward P. Sullivan, Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for defendant-appellee United States. On the brief were Robert D. McCallum, Jr., Assistant Attorney General; David M. Cohen, Director; and James M. Kinsella, Deputy Assistant Director, and Matthew P. Reed, Trial Attorney. Of counsel on the brief was Lt. Col. Douglas Mickle, Office of the General Counsel, U.S. Army Litigation Division, Department of the Army, of Arlington, Virginia.

David S. Bland, King, LeBlanc & Bland, L.L.P., of New Orleans, Louisiana, argued for defendant-appellee Halter Marine, Inc. Of counsel were Julie M. Araujo, and James W. Noe.

Before CLEVENGER, Circuit Judge, FRIEDMAN, Senior Circuit Judge, and SCHALL, Circuit Judge.

FRIEDMAN, Senior Circuit Judge.

An unsuccessful bidder on a government contract challenges the contracting officer's decision that the successful bidder was financially responsible and therefore able to perform the contract. The Court of Federal Claims sustained that ruling, and we affirm.

I

The United States Army requested proposals for the construction of up to three specialized ships covering a base year and two option years. Three ship-building...

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