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American Federation of Government Employees v. United States

In a case concerning award of contract for performance of defense material distribution services (depot services), dismissal of complaint for lack of standing affirmed because plaintiff federal employees were not actual or prospective bidders or offerors and had no standing to challenge Defense Logistics Agency's cost comparison analysis or its decision to award depot services contract to a private sector company.

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Appealed from: United States Court of Federal Claims Judge Nancy B. Firestone

The American Federation of Government Employees, AFL-CIO, the American Federation of Government Employees, Local 1482, William J. Gately, and Michelle Jo Evans (collectively, “Appellants”) appeal the decision of the United States Court of Federal Claims that dismissed their complaint for lack of standing. Am. Fed’n Gov’t Employees, AFL- CIO v. United States, 46 Fed. Cl. 586 (2000) (“AFGE”). The court determined that Appellants lack standing to challenge a cost comparison analysis of the Defense Logistics Agency (“DLA”) because their interests do not come within the zone of interests protected by either the Federal Activities Inventory Reform Act (“FAIR”), P.L. No. 105-270, 112 Stat. 2382 (1998), reprinted in 31 U.S.C. � 501 (Historical and Statutory Notes), or 10 U.S.C. � 2462 (1994). Because we determine that Appellants lack standing under 28 U.S.C. � 1491(b)(1), we affirm the decision of the Court of Federal Claims, but on a different ground.

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