2012 WL 883201
Fed. Cir.2012Background
- Glenn Defense sues after Navy solicited IDIQ husbanding services for four Philippine ports.
- Navy designated Glenn Defense, Inchcape, and Global as technically acceptable; BCM showed Glenn lowest total price, but Global lowest for Manila/Subic.
- CO split award: Manila/Subic to Global; Puerto Princesa/Cebu to Glenn Defense.
- Glenn Defense's bid protest was denied by the Court of Federal Claims, which allowed a possible single or multiple awards.
- Navy later awarded all four ports to Glenn Defense, rendering the appeal moot.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Mootness of the appeal after full award | Glenn Defense argues not moot due to potential bid costs. | Government contends no ongoing controversy after award. | Appeal moot; dismissal affirmed. |
| Capable of repetition yet evading review | Short contract duration implies repeated procurement challenges. | Unlikely to evade review; exception not satisfied. | Exception not met; standard mootness applies. |
Key Cases Cited
- Gibraltar Indus., Inc. v. United States, 726 F.2d 747 (Fed. Cir. 1984) (recertification and award mooted appeal in bid protest)
- Diamond v. Charles, 476 U.S. 54 (Sup. Ct. 1986) (ongoing injury need not be cognizable if case is moot)
- Weinstein v. Bradford, 423 U.S. 147 (Sup. Ct. 1975) (capable of repetition, yet evading review standard)
- Lewis v. Cont'l Bank Corp., 494 U.S. 472 (Sup. Ct. 1990) (capable of repetition anomaly not satisfied here)
- Los Angeles v. Lyons, 461 U.S. 95 (Sup. Ct. 1983) (two-pronged mootness personal stake rule)