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SYSTEMS APPLICATION & TECHNOLOGIES, INC. v. U.S.

No. 2012-5004.

691 F.3d 1374 (2012)

SYSTEMS APPLICATION & TECHNOLOGIES, INC., Plaintiff-Appellee, v. UNITED STATES, Defendant-Appellant, and Madison Research Corporation, Defendant.

United States Court of Appeals, Federal Circuit.

August 24, 2012.

Attorney(s) appearing for the Case

Craig A. Holman , Arnold & Porter LLP, of Washington, DC, argued for plaintiff-appellee. With him on the brief were Kara L. Daniels and Emma V. Broomfield .

Franklin E. White, Jr. , Assistant Director, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellant. With him on the brief were Tony West , Assistant Attorney General, Jeanne E. Davidson , Director, and Matthew F. Scarlato , Trail Attorney.

Before RADER, Chief Judge, O'MALLEY and WALLACH, Circuit Judges.

RADER, Chief Judge.

In this bid protest action, the United States Court of Federal Claims denied the U.S. Army's motion to dismiss the complaint filed by Systems Application & Technologies, Inc. ("SA-TECH"). SA-TECH, the original contract awardee for aerial target flight and maintenance services, protested the Army's decision to engage in corrective action instead of allowing SA-TECH's award to stand. In addition to asserting subject matter jurisdiction, the Court...

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