TKC AEROSPACE, INC. v. NAPOLITANO

No. 2012-1423.

732 F.3d 1314 (2013)

TKC AEROSPACE, INC., Appellant, v. Janet A. NAPOLITANO, Secretary of Homeland Security, Appellee.

United States Court of Appeals, Federal Circuit.

October 4, 2013.


Attorney(s) appearing for the Case

Douglas C. Proxmire , Patton Boggs, LLP, of Washington, DC, argued for appellant. With him on the brief was Elizabeth M. Gill .

Jeffrey A. Regner , Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for appellee. With him on the brief were Stuart F. Delery , Acting Assistant Attorney General, Jeanne E. Davidson , Director, and Harold D. Lester, Jr. , Assistant Director.

Dissenting opinion filed by Circuit Judge REYNA.


BRYSON, Circuit Judge.

I

In 2005, the United States Coast Guard issued a solicitation seeking to lease an aircraft for use by the Coast Guard Commandant and the Secretary of Homeland Security. The lease term was one year, with five one-year option periods thereafter. TKC Aerospace, Inc. ("TKCA"), proposed a Bombardier Challenger 604 aircraft for the job and won the award.

A

Three provisions of the contract are at issue in this case. The...

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