Legal Opinion

Rush Construction, Inc v. United States

United States Court of Federal Claims

Decided July 15, 2014No. 1:14-cv-00202PublishedCited by 15 opinions

1Opinion of the Court

Post-Award Bid Protest; Cross-Motions for Judgment on the Administrative Record; Whether the GAO Decision was Rational.

OPINION AND ORDER

CAMPBELL-SMITH, Chief Judge

This is a post-award bid protest related to a contract for the repair of a lock and barge canal in Florida. The procuring agency is the United States Army Corps of Engineers Jacksonville District (agency, Corps or defendant). RUSH Construction, Inc. was the low bidder (RUSH or plaintiff), and C & D Construction, Inc. was the second lowest bidder (C & D or defendant-intervenor). RUSH’S bid schedule included a discrepancy that the…

2Cases cited52 opinions

  1. Motor Vehicle Mfrs. Assn. of United States, Inc. v. State Farm Mut. Automobile Ins. Co.Supreme Court of the United States · 1983
  2. Citizens to Preserve Overton Park, Inc. v. VolpeSupreme Court of the United States · 1971
  3. Tellabs, Inc. v. Makor Issues & Rights, Ltd.Supreme Court of the United States · 2007
  4. Securities & Exchange Commission v. Chenery Corp.Supreme Court of the United States · 1947
  5. Bowman Transportation, Inc. v. Arkansas-Best Freight System, Inc.Supreme Court of the United States · 1975

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3Cited by15 opinions

  1. Caddell Construction Company v. United StatesUnited States Court of Federal Claims · 2016
  2. Palantir Usg, Inc. v. United StatesUnited States Court of Federal Claims · 2016
  3. Brandt v. BurwellDistrict Court, W.D. Pennsylvania · 2014
  4. Agma Security Service, Inc. v. United StatesUnited States Court of Federal Claims · 2021
  5. Agma Security Service, Inc. v. United StatesUnited States Court of Federal Claims · 2021

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