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Fed. Circ. Allows Exclusions Under Workforce Investment Act

Law360, Los Angeles (November 21, 2013, 6:58 PM EST) -- The Federal Circuit on Thursday affirmed a lower court’s finding that the U.S. Department of Labor hadn’t unfairly excluded large businesses when it pushed federal contractor Res-Care Inc. out of a long-held deal managing a job corps center in Virginia.

The three-judge panel ruled that the Workforce Investment Act’s provision for competition among bidders for the contracts didn’t preclude the government from setting some basic restrictions on the types of businesses that could apply.

The bidding process need not be open to all competitors, the panel wrote. Furthermore, the definitions of competition within the law do not limit the government’s ability...

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Attached Documents



Case Information

Case Title

Subscribers Only

Case Number

Subscribers Only


Appellate - Federal Circuit

Nature of Suit

138 Contract - Injunction (Pre Award)

Date Filed

January 7, 2013

Law Firms


Government Agencies