Look

Look v. United States

Good Law
113 F.3d 1129·41 Cont. Cas. Fed. 77,112·97 Daily Journal DAR 6472·1997 WL 266843·1997 U.S. App. LEXIS 11842
United States Court of Appeals for the Ninth CircuitMay 21, 1997No. 94-15678California1,588 words

Opinion

Lead Opinion

Wallace, J.

*1130 OPINION

Plaintiffs Durmond Look and Planned Systems International (Look) appeal from the district court’s summary judgment in favor of the United States in this action challenging the United States Army’s (Army) decision to award a computer service contract to Datalect Computer Services (Datalect). The district court held that Look lacked standing because he did not have a substantial chance of receiving the award. The district court had jurisdiction under 28 U.S.C. § 1346 (b). We have jurisdiction over this timely appeal pursuant to 28 U.S.C. § 1291 . Although the district court also based its summary judgment in favor of the United States on several alternative grounds, we affirm on the ground that Look does not have standing to maintain this action.

I

Look was an unsuccessful bidder for a computer servicing contract awarded in Europe by the Contracting Command of the United States Army, Europe. Some of the computers covered by the contract were in locations requiring a secret Facilities Clearance Level (FCL). The solicitation issued by the Army on July 23, 1992, stated that the contract would go to the lowest technically acceptable bidder. It also included Department…

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