Omv Medical, Inc. v. United States, and Choctaw Management Services Enterprise, and Professional Performance Development Group, Inc.’s Empirical Analysis

Citation profile

1 federal appellate ·

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 74 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “We think that the appropriate standard is that, to establish prejudice, a protester must show that, had it not been for the alleged error in the procurement process, there was a reasonable likelihood that the protester would have been awarded the contract .... The standard reflects a reasonable balance between the importance of (1) averting unwarranted interruptions of and interferences with the procurement process and (2) ensuring that protesters who have been adversely affected by allegedly significant error in the procurement process have a forum available to vent their grievances.”

   7 later decisions quote this exact passage · from the majority
   e.g. Avtel Services, Inc. v. Unites States · CSE Construction Co. v. United States

2. “Because the [agency] designed the two components to serve different purposes and arranged for them to be calculated differently, the method the agency used to address one component is not interchangeable with the method used to address the other. Thus, an offeror’s salary levels could be consistent with the Occupational Outlook Handbook, indicating that the of-feror had a reasonably clear idea of the level of compensation it would have to pay in order to obtain employees to perform the work of the contract, yet those salary levels might still be sufficiently far below the incumbent’s salary levels that the incoming contractor would be likely to experience an unacceptably large staff turnover and loss of program continuity.”

   1 later decision quote this exact passage · from the majority
   e.g. 95 Fed. Cl. 357 - Crassociates, Inc. v. United States

3. “[I]t is not necessary that [the analysis] be performed with impeccable rigor. The task of determining the minimum acceptable salary levels for the various positions was necessarily an exercise in approximation, and any assessment of the rationality of ... calculations must take into account the limited amount of information available to [the analyst]. Nonetheless, if [the] calculations were tainted by irrational assumptions or critical miscalculations, they may have been so useless as a basis for determining the minimum acceptable salary levels that [the] calculations tainted the bidding process.”

   1 later decision quote this exact passage · from the majority
   e.g. 56 Fed. Cl. 588 - Nutech Laundry & Textile, Inc. v. United States