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Baltimore Gas and Electric Company, Maryland Office of People's Counsel, Intervenor/plaintiff, and Maryland Public Service Commission, Intervenor/plaintiff-Appellant v. United States of America Louis Caldera, Secretary of the Army, and Enron Federal Solutions, Incorporated, Intervenor/defendant

Citations: 290 F.3d 734; 2002 U.S. App. LEXIS 10501Docket: 01-1792

Court: Court of Appeals for the Fourth Circuit; May 31, 2002; Federal Appellate Court

Narrative Opinion Summary

The case involves the Maryland Public Service Commission (PSC) challenging a U.S. Army bid solicitation for privatizing utility systems at Fort Meade, alleging non-compliance with state regulatory requirements. The district court upheld the Army's position, and PSC's subsequent appeal was dismissed due to lack of standing. The court determined that PSC was not an 'interested party' under the Administrative Dispute Resolution Act (ADRA), as it neither bid nor intended to bid for the contract, aligning with the Competition in Contracting Act (CICA)'s definition restricting standing to actual or prospective bidders. The case delves into the jurisdictional changes brought by the ADRA, which transferred bid protest jurisdiction from district courts to the Court of Federal Claims, and the interpretation of sovereign immunity waivers, ultimately affirming that the PSC's regulatory jurisdiction did not confer standing. The dismissal underscores the nuanced definitions of standing and jurisdiction in federal contract disputes, emphasizing adherence to the ADRA's and CICA's statutory language and legislative intent. This outcome reflects the courts' cautious approach to extending standing beyond entities with direct economic stakes in contract awards.

Legal Issues Addressed

Definition of 'Interested Party' under Competition in Contracting Act (CICA)

Application: The court applied the definition of 'interested party' from the CICA, restricting it to actual or prospective bidders whose economic interests are directly affected, thereby excluding the PSC.

Reasoning: The term 'interested party,' as used in the ADRA, was compared to its definition in the Competition in Contracting Act (CICA), suggesting that standing requirements under § 1491(b)(1) mirror those under CICA and are restricted to actual or prospective bidders whose economic interests are directly affected.

Interpretation of Sovereign Immunity Waivers

Application: The court favored a limited interpretation of waivers of sovereign immunity, construing them narrowly in line with legislative history, which aimed to allow only contractors to challenge federal contract awards.

Reasoning: The court favored a limited interpretation of the statute, arguing that waivers of sovereign immunity should be construed narrowly, and this aligns with legislative history indicating that the ADRA was meant to allow contractors to challenge federal contract awards.

Jurisdictional Scope of the Court of Federal Claims under ADRA

Application: The court affirmed that the jurisdiction of the Court of Federal Claims was intended to encompass both pre- and post-award bid protests under the APA standard, continuing the scope established by Scanwell decisions.

Reasoning: The Federal Circuit, in its analysis, noted the legislative history suggests Congress intended to transfer the jurisdiction exercised by district courts under the Scanwell precedent to the Court of Federal Claims, allowing both pre- and post-award bid protests to be reviewed under the APA standard.

Standing under Administrative Dispute Resolution Act (ADRA)

Application: The Public Service Commission (PSC) lacked standing as it was not an 'interested party' under the ADRA, which limits standing to entities directly impacted by a contract award.

Reasoning: The PSC did not qualify as an interested party because it had not attempted or intended to bid on the contract related to Fort Meade's utility services.