May 05, 2016

FH+H Client Prevails on Disputed Right to Bring Suit in Federal Court

The U.S. Court of Federal Claims, on April 28, 2016, ruled that National Air Cargo Group Inc. (NAC) has standing to sue the U.S. Transportation Command over adding United Airlines Inc. as a sixth and final contractor in a pool of awardees (that already included NAC) for cargo transportation orders, rejecting an earlier U.S. Government Accountability Office decision denying standing to NAC.  FH+H Government Contracts Practice Chair, Milt Johns, argued the matter for National Air Cargo Group Inc.

The Court rejected the government’s argument that because selection as part of the indefinite-delivery/indefinite-quantity contract to transport U.S. Department of Defense and other government cargo only guaranteed each member of the pool $2,500, the dispute was only for that amount, rather than a larger chunk of the $296 million deal.  The  government had also argued that, in these circumstances, a company that received an ID/IQ award could not protest another award.

The matter continues now for a decision on the full merits of the case.

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