RES-CARE, INC. v. U.S.

No. 2013-5035.

735 F.3d 1384 (2013)

RES-CARE, INC., Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

November 21, 2013.


Attorney(s) appearing for the Case

Jonathan D. Shaffer , Smith Pachter McWhorter PLC, of Tysons Corner, Virginia, argued for plaintiff-appellant. With him on the brief was Mary Pat Buckenmeyer . Of counsel were John S. Pachter , and Armani Vadiee , of Vienna, VA.

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 Stuart F. Delery , Acting Assistant Attorney General, Jeanne E. Davidson , Director, and Patricia M. McCarthy , Assistant Director. Of counsel on the brief were David R. Koeppel , and Peter J. Dickson , Attorney's, United States Department of Labor, of Washington, DC.

Before NEWMAN, PLAGER, and CHEN, Circuit Judges.


CHEN, Circuit Judge.

This case turns on the interpretation of the phrase "competitive basis" in the Workforce Investment Act ("WIA"). See 29 U.S.C. § 2887(a)(2)(A). Res-Care, Inc. ("Res-Care") appeals the decision of the United States Court of Federal Claims ("Claims Court") interpreting the statute as permitting the United States Department of Labor ("DOL") to select a contractor for the Blue Ridge Job Corps Center ("Blue Ridge") program through a setaside...

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