Dalton

San Francisco Drydock, Inc. v. Dalton

Good Law
131 F.3d 776·42 Cont. Cas. Fed. 77,245·97 Daily Journal DAR 13917·1997 WL 700941·1997 U.S. App. LEXIS 31786
United States Court of Appeals for the Ninth CircuitNovember 12, 1997No. 96-15549California2,076 words

Opinion

Lead Opinion

Noonan, J.

San Francisco Drydock, Inc., (SFD) and Service Engineering Co. (SECO), collectively *777 the plaintiffs, appeal the judgment of the district court in favor of John H. Dalton, Secretary of the Navy, and Dennis P. Dren-nan, Real Estate Contracting Officer, (collectively the Navy) and Astoria Metal Corporation (Astoria). The gravamen of the plaintiffs’ complaint is that the Navy invited proposals to lease a drydock located at Hunters Point,- San Francisco on one basis and then unfairly changed that basis. The issue presented is whether the Navy was bound by the Federal Property and Administrative Services Act, 40 U.S.C. § 484 (e) (“the Federal Property Act”), to award a lease of a drydock in a closed base by fair and full competition or whether a congressional enactment specifically governing leases at closed bases, 10 U.S.C. § 2667 (b), freed the Navy to lease such drydoeks, pending their final disposal, without regard to the Federal Property Act. We are bound to harmonize the statutes Congress has written. The Navy proceeded ' under § 2667(b); it was still bound by the Federal Property Act. Therefore, the judgment of the district court must be reversed and the case remanded for…

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