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Court of Federal Claims judgment holding that the United States Army Corps of Engineers was authorized to use Indefinite Deliver/Indefinite Quantity Contracts for the design and construction of military buildings is affirmed where: 1) there is no statutory or regulatory provision that precludes such use of IDIQ contracts for a procurement of construction; 2) the Corps did not abuse its discretion in concluding that the use of IDIQ contracts to obtain a large military construction was the most appropriate method of proceeding and therefore best served the interests of the United States; and 3) the Corps' conduct of this procurement did not violate statutory and regulatory provisions designed to aid and protect small businesses.
Appeal from the United States Court of Federal Claims.
Decided: June 25, 2009
Before MAYER, FRIEDMAN, and RADER, Circuit Judges.
Opinion by FRIEDMAN, Circuit Judge.
For Defendant: Douglas G. Edelschick, United States Department of Justice, Washington, DC.
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