Waterfront Marine Construction, Inc., et al. v. Heard Construction, Inc.
ERISA
Where a disappointed bidder to a federal contract fails to file a bid protest pursuant to the Tucker Act, 28 U.S.C. § 1491 (2016), does a state trial court have subject matter jurisdiction to interpret federal regulations to determine a party's entitlement to that same federal procurement contract under the pretext of a state tort action?
QUESTIONS PRESENTED 1. Where a disappointed bidder to a federal contract fails to file a bid protest pursuant to the Tucker Act, 28 U.S.C. § 1491 (2016), does a state trial court have subject matter jurisdiction to interpret federal regulations to determine a party’s entitlement to that same federal procurement contract under the pretext of a state tort action? 2. Where a disappointed bidder to a federal contract fails to file a bid protest pursuant to the Tucker Act, 28 U.S.C. § 1491 (2016), does a state trial court have subject matter jurisdiction to interpret federal regulations to determine a party’s entitlement to that same federal procurement contract under the pretext of a state tort action, without any testimony from the contracting officer responsible for the award of the contract?