SCANWELL LABORATORIES, INC., Appellant, v. John H. SHAFFER, Administrator (Acting) of The Federal Aviation Administration, et al., 424 F.2d 859

Summary

The Federal Aviation Administration (FAA) issued an invitation for bids which provided that to be responsive to the request, the contractor was required to submit evidence that an identical equipment complement as that proposed for the procurement had previously been installed in at least one location and had achieved performance as certified by an FAA flight check. Appellant's bid was the second lowest bid. The lowest bid was entered by appellee corporation. Appellant asserted that appellee corporation's bid was non-responsive since the corporation did not have a system installed in one location, or certificate of performance based on an FAA flight check, and sought to have the action of the FAA in granting the contract to appellee corporation declared null and void as a violation of statutory provisions controlling government contracts and the regulations promulgated thereunder. The district court dismissed complaint for lack of standing. The circuit court reversed and remanded.