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DIGITALIS EDUC. SOLUTIONS, INC. v. U.S.

No. 2011-5079.

664 F.3d 1380 (2012)

DIGITALIS EDUCATION SOLUTIONS, INC., Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee, and Morris & Lee, (doing business as Science First), Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

January 4, 2012.

Attorney(s) appearing for the Case

Christopher H. Howard , Schwabe, Williamson & Wyatt, P.C., of Seattle, WA, argued for plaintiff-appellant. With him on the brief was Averil Budge Rothrock .

William P. Rayel , Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellee, United States. With him on the brief were Tony West , Assistant Attorney General, Jeanne E. Davidson , Director, and Kirk Manhardt , Assistant Director.

James E. Krause , James E. Krause, P.A., of Jacksonville, FL, for defendant-appellee, Morris & Lee, (doing business as Science First).

Before LOURIE, BRYSON, and MOORE, Circuit Judges.

MOORE, Circuit Judge.

Digitalis Education Solutions, Inc. (Digitalis) appeals the Court of Federal Claims's dismissal of its post-award protest of a sole-source procurement. Because Digitalis is not an actual or prospective bidder, and because it lacks the requisite direct economic interest, we affirm the Court of Federal Claims's dismissal for lack of standing.

BACKGROUND

Digitalis makes and sells digital planetariums used to teach astronomy...

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