SYSTEM STUDIES & SIMULATION, INC. v. UNITED STATES

2021-1469.

22 F.4th 994 (2021)

SYSTEM STUDIES & SIMULATION, INC., Plaintiff-Appellant, L3 Doss Aviation, Inc., Plaintiff v. UNITED STATES, CAE USA Inc., Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

Decided: December 30, 2021.


Attorney(s) appearing for the Case

Walter Brad English , Maynard, Cooper & Gale, PC, Huntsville, AL, argued for System Studies & Simulation, Inc. Also represented by Emily J. Chancey , Jon Davidson Levin ; Michael W. Rich , Burr & Forman LLP, Mobile, AL.

Evan Wisser , Commercial Litigation Branch, Civil Division, United States Department of Justice, Washington, DC, argued for United States. Also represented by Brian M. Boynton , Martin F. Hockey, Jr. , Elizabeth Marie Hosfor ; Nicholas Andrew Lucchetti , Contract and Fiscal Law Division, United States Army Legal Service Agency, Fort Belvoir, VA.

Alexander B. Ginsberg , Pillsbury Winthrop Shaw Pittman LLP, McLean, VA, argued for CAE USA Inc. Also represented by James Matthew Carter , Kevin Reza Massoudi , Los Angeles, CA.

Before Newman, Prost, and Taranto, Circuit Judges.


System Studies & Simulation, Inc. (S3), an unsuccessful bidder for a government contract, filed a bid-protest action in the Court of Federal Claims (Claims Court). The Claims Court concluded that the federal contracting agency had acted arbitrarily and capriciously in one aspect of its decision. But the court nevertheless...

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