CMS CONT. MNGT. SERV'S v. MASSACHUSETTS AGENCY

No. 2013-5093.

745 F.3d 1379 (2014)

CMS CONTRACT MANAGEMENT SERVICES, The Housing Authority of the City of Bremerton, National Housing Compliance, Assisted Housing Services Corp., North Tampa Housing Development Corp., California Affordable Housing Initiatives, Inc., Southwest Housing Compliance Corporation, and Navigate Affordable Housing Partners (formerly known as Jefferson County Assisted Housing Corporation), Plaintiffs-Appellants, v. MASSACHUSETTS HOUSING FINANCE AGENCY, Plaintiff-Appellee, v. United States, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

March 25, 2014.


Attorney(s) appearing for the Case

Robert K. Tompkins , Patton Boggs LLP, of Washington, DC, argued for all plaintiffs-appellants. With him on the brief were Michael J. Schaengold and Elizabeth M. Gill. Of counsel on the brief were Colm P. Nelson , Foster Pepper PLLC, of Seattle, Washington, for CMS Contract Management Services and The Housing Authority of The City of Bremerton; and Michael Golden , Pepper Hamilton LLP, of Washington, DC, for National Housing Compliance; Neil H. O'Donnell , Rogers, Joseph, O'Donnell, of San Francisco, California, for Assisted Housing Services Corp., North Tampa Housing Development Corp. and California Affordable Housing Initiatives, Inc.; and Richard James Vacura , Morrison & Foerster, LLP, of McLean, Virginia, for Southwest Housing Compliance Corp. Of counsel was William Gregory Guedel , Foster Pepper PPLC, of Seattle, Washington, for CMS Contract Management Services.

Gabriel E. Kennon , Cohen Mohr LLP, of Washington, DC, for plaintiff-appellee Massachusetts Housing Finance Agency. Of counsel was Andrew J. Mohr.

Kirk T. Manhardt , Assistant Director, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellee. With him on the brief were Stuart F. Delery , Acting Assistant Attorney General, and Jeanne E. Davidson , Director. Of counsel on the brief were Douglas K. Mickle , Senior Trial Counsel, and Joseph A. Pixley , Trial Attorney, Doris S. Finnerman , Assistant General Counsel for Assisted Housing and Civil Rights, Office of General Counsel, and Kathie Soroka , Special Assistant to the General Counsel, Office of General Counsel, United States Department of Housing and Urban Development, of Washington, DC.

Kevin P. Mullen , Jenner & Block, LLP, of Washington, DC, for amicus curiae.

Before RADER, Chief Judge, LOURIE, and MOORE, Circuit Judges.


RADER, Chief Judge.

The Court of Federal Claims denied CMS Management Services et al.'s (Appellants) request to set aside as unlawful the Department of Housing and Urban Development's (HUD) solicitation and award of contract administration services related to Section 8 of the Housing Act. Because the Performance-Based Annual Contribution Contracts (PBACCs) are procurement contracts, not cooperative agreements, this court reverses.

I.

The Federal...

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