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TIP TOP CONST., INC. v. U.S.

No. 2008-5183.

563 F.3d 1338 (2009)

TIP TOP CONSTRUCTION, INC., Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

April 29, 2009.

Attorney(s) appearing for the Case

Michael A. Gordon, Michael A. Gordon PLLC, of Washington, DC, argued for plaintiff-appellant.

Amanda L. Tantum, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellee. With her on the brief were Jeanne E. Davidson, Director, and Harold D. Lester, Jr., Assistant Director.

Before MICHEL, Chief Judge, BRYSON, Circuit Judge, and POSNER, Circuit Judge.

BRYSON, Circuit Judge.

In this bid protest case, the unsuccessful bidder claims that the contracting officer improperly rejected its bid on the ground that the bid was not accompanied by a satisfactory bid bond. The Court of Federal Claims dismissed the bidder's protest action because the asset pledged by the bidder's surety was not acceptable. We agree with the court that the bidder did not pledge an acceptable asset and therefore affirm.

I

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