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SAFEGUARD BASE OPERATIONS, LLC v. UNITED STATES

2019-2261.

989 F.3d 1326 (2021)

SAFEGUARD BASE OPERATIONS, LLC, Plaintiff-Appellant v. UNITED STATES, B&O Joint Venture, LLC, Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

Decided: March 4, 2021.

Attorney(s) appearing for the Case

Alex Daniel Tomaszczuk , Pillsbury Winthrop Shaw Pittman LLP, Los Angeles, CA, argued for plaintiff-appellant. Also represented by Kevin Reza Massoudi , Aaron Ralph ; Alexander Brewer Ginsberg , McLean, VA.

P. Davis Oliver , Commercial Litigation Branch, Civil Division, United States Department of Justice, Washington, DC, argued for defendant-appellee United States. Also represented by Jeffrey B. Clark , Robert Edward Kirschman, Jr. , Douglas K. Mickle ; James Calvin Caine , Federal Law Enforcement Training Centers, United States Department of Homeland Security, Glynco, GA.

Richard William Arnholt , Bass Berry & Sims PLC, Washington, DC, for defendant-appellee B&O Joint Venture, LLC. Also represented by Brian Iverson , Todd Overman , Roy Talmor , Sylvia Yi.

Dissenting opinion filed by Circuit Judge Newman.

This is a bid protest case involving, inter alia, an implied-in-fact contract claim in the procurement context. Disappointed offeror Safeguard Base Operations, LLC ("Safeguard") appeals the final judgment of the United States Court of Federal Claims ("Claims Court") in favor of the eventual contract awardee, B&...

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