McDonald Welding and MacHine Company, Inc. v. James H. Webb, Jr., Secretary of the Navy

CORNELIA G. KENNEDY, Circuit Judge.

Defendant-appellant James H. Webb, Jr., Secretary of the Navy, (“defendant” or “Navy”) appeals the District Court’s judgment granting partial summary judgment for the plaintiff. The District Court found that the defendant violated 10 U.S.C. § 2305 by awarding a procurement contract to Gichner Mobile Systems (“Gichner”), and also violated the mandatory stay provision of 31 U.S.C. § 3553(d)(1). The defendant raises two issues on appeal: 1) whether the District Court erred in finding that Gichner Mobile Systems (“Gichner”) was ineligible to receive the Lot III…