AGILITY DEFENSE & GOVERNMENT v. U.S. DEPT.

No. 13-10757.

739 F.3d 586 (2013)

AGILITY DEFENSE & GOVERNMENT SERVICES, Agility International, Inc., Plaintiffs-Appellees, v. U.S. DEPARTMENT OF DEFENSE, Secretary of Defense, Defense Logistics Agency, Director of the Defense Logistics Agency, Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

December 31, 2013.


Attorney(s) appearing for the Case

W. Brad English , Gary L. Rigney , Emily Ann Jones , Allie C. Tucker , Maynard Cooper & Gale, PC, Huntsville, AL, Lee Edmundson Bains, Jr. , Maynard Cooper & Gale, PC, Birmingham, AL, for Plaintiffs-Appellees.

Robert David Kamenshine , Leonard Schaitman , U.S. Department of Justice, Washington, DC, Ramona Albin , Edward Quincy Ragland , Jenny Lynn Smith , Joyce White Vance , U.S. Attorney's Office, Birmingham, AL, for Defendants-Appellants.

Before PRYOR and COX, Circuit Judges, and ROSENTHAL, District Judge.


PRYOR, Circuit Judge:

This appeal requires us to decide whether a federal agency may suspend two affiliates of an indicted government contractor for the duration of the legal proceedings against the indicted contractor under the Federal Acquisition Regulation. See 48 C.F.R. § 9.407-4(b) (2012). When an agency suspends a government contractor, the agency may also suspend an affiliate of the contractor based solely on its affiliate status. Id. §...

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