R & W Flammann Gmbh v. United States
Court of Appeals for the Federal Circuit
1Opinion of the Court
MAYER, Chief Judge.
The United States appeals the judgment of the United States Court of Federal Claims enjoining the Department of the Army from awarding a resolicited bid contract. R & W Flammann GmbH v. United States, 53 Fed.Cl. 647 (2002). Because the court erred as a matter of law, we reverse.
Background
In January 2001, the Army awarded Contract No. DAJA02-01-D-0007, the incumbent contract, to R & W Flammann GmbH (“Flammann”) to conduct between occupancy maintenance (“BOM”) services for housing units in Heidelberg, Germany. Awarded in accordance with the sealed bid procurement process, the…
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