DeSciose

DeSciose v. Delbalzo

Good Law
1 F. App'x 639
United States Court of Appeals for the Ninth CircuitJanuary 5, 2001No. 99-56800; D.C. No. CV-93-01909-WJRCalifornia556 words

Opinion

Lead Opinion

MEMORANDUM *

Vincent DeSciose, d/b/a Aero Realty Co., (“Aero”) appeals the district court’s summary judgment, on remand, for the Federal Aviation Administration (“FAA”) and denial of injunctive relief for Aero. The issue before us is whether the district court erred in granting summary judgment to the FAA by concluding that the FAA’s decision to award a long-term lease to Odnum Two USA, Inc. (“Odnum Two”) was not void ab initio. The facts and prior proceedings are known to the parties; they are not restated herein except as necessary.

The threshold issue is whether Aero has standing to challenge the contract award to Odnum Two. This court has stated that to challenge a federal contract award Article III requires that “a disappointed bidder must ‘demonstrate that if its bid had been fairly and honestly considered, there was a substantial chance that [it] would receive an award.’ ” Look v. United States, 113 F.3d 1129, 1132 (9th Cir.1997) (quoting Energy Transportation Group v. Maritime Administration, 956 F.2d 1206 , 1211 (D.C.Cir.1992) (internal quotations omitted)). A minimum requirement for standing in this context is for the party challenging the award to have had a valid…

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