5th Circ. Shuts Down Insourcing Suit Against DOD

Law360, New York (January 3, 2012, 5:18 PM EST) -- The Fifth Circuit on Thursday ruled that a Texas federal court was right to toss a bid protest over the U.S. Air Force's decision to “insource” a contract, rejecting Rothe Development Inc.'s arguments that it could bring its complaint in a court other than the U.S. Court of Federal Claims.

Procurement disputes are limited to federal claims court by the Tucker Act, a three-judge panel noted in its published opinion. Rothe, however, argued that its complaint does not concern procurement because it hinges not on a...
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