1. Home
  2. |Insights
  3. |CAFC Holds Agency Standardization Decision Outside COFC Jurisdiction

CAFC Holds Agency Standardization Decision Outside COFC Jurisdiction

Client Alert | 1 min read | 01.31.18

In a January 23 decision, AgustaWestland North America, Inc. v. U.S., the Federal Circuit reversed a COFC decision that had enjoined the U.S. Army from sole source procuring Airbus UH-72A Lakota helicopters to meet the Army’s standardized training helicopter needs.  The CAFC first held that the Army’s “Execution Order” standardizing to the UH-72A was not a procurement decision because it did not discuss procuring helicopters and instead assessed existing Army assets, and therefore the COFC lacked jurisdiction.  The CAFC then rejected the COFC’s conclusion that the Army’s decision to sole source as a “follow-on contract for . . . production of a major system” was flawed because (1) the COFC abused its discretion in supplementing the administrative record; (2) the procurement qualified as a “follow-on” even absent a preceding contract; (3) the J&A was sufficiently supported; and (4) that the CO signed before legal or competition advocate review was not prima facie arbitrary and capricious.

Contacts

Insights

Client Alert | 3 min read | 07.13.26

Amici Rally Behind Liberty Global, Urging Tenth Circuit to Rein in Economic Substance Doctrine

Following the 10th Circuit's April 21, 2026, decision affirming the disallowance of Liberty Global’s $2.4 billion deduction under the codified economic substance doctrine, I.R.C. § 7701(o), Liberty Global filed a petition for panel rehearing or rehearing en banc on June 5, 2026. That petition has since drawn significant amicus support from various industry groups representing large taxpayers, as discussed below....