TASK DEFINITION: In this task, you will be shown a prompt from a judicial decision and multiple holding statements derived from citations following text in a legal decision.  Holdings represent the governing legal rule when the law is applied to a particular set of facts. There are five answer choices for each citing text. The correct answer is the holding statement that corresponds to the citing text. The four incorrect answers are other holding statements. You should find the correct option. There is a <HOLDING> token in the position of the citing text prompt where the holding statement was extracted.
PROBLEM: party to file a protest with the contracting agency or to file an action in a district court of the United States or the United States Claims Court.” Venue is proper pursuant to 28 U.S.C. § 1391(e). STANDING The plaintiffs legal standing to appeal the GAO’s decision lies in the Administrative Procedure Act, 5 U.S.C. § 701, et seq.. Section 702 provides that “[a] person suffering legal wrong because of agency action, or adversely affected or aggrieved by agency action within the meaning of a relevant statute, is entitled to judicial review” thereof. The court finds that the plaintiff, as an unsuccessful bidder, has standing to challenge the agency’s decision to award the contract to a third party. See Choctaw Mfg. Co., Inc. v. United States, 761 F.2d 609, 615-16 (11th Cir.1985) (<HOLDING>). FINDINGS OF FACT The majority of facts are 
 Holding statements: (A) holding that the losing bidder has standing to challenge the award of a government procurement contract (B) holding that if the government is obligated to rebid the contract and the unsuccessful bidder could compete for the contract once again and therefore has an economic interest and standing to challenge the award (C) holding that without a valid reason for cancelling the procurement  the government violated its duty to conduct a fair procurement (D) holding that the definition of procurement under the tucker act is broader than the definition of procurement contract in the fgcaa such that an agency can engage in a procurement process for the purposes of the tucker act even though it is using a cooperative agreement instead of a procurement contract to memorialize the parties agreement (E) holding that city had implied contract with bidder to treat bidder fairly

SOLUTION: (A)

PROBLEM: 339 (2005)). As to appellant’s assertion of error by the court in permitting the cautionary instruction to include the additional language, appellant’s claim is not cognizable in a Rule 37.1 proceeding. Generally, a petition under Rule 37.1 does not provide a remedy when an issue could have been raised at trial or argued on appeal. Howard v. State, 367 Ark. 18, 238 S.W.3d 24 (2006). To fall within the very limited exception to that rule, the ground must be one so basic that it renders the judgment a complete nullity, such as a lack of jurisdiction, a violation of double jeopardy, or the right to a twelve-member jury. Id. at 26-27, 238 S.W.3d at 32. Appellant did not raise an issue in this claim that falls within the exception. See Phavixay v. State, 373 Ark. 168, 282 S.W.3d 795 (2008) (<HOLDING>). In appellant’s fifth point on appeal, he 
 Holding statements: (A) holding that the appropriate remedy for a public trial violation was a new suppression hearing not a new trial because the remedy should be appropriate to the violation (B) holding that proponent of 404b evidence must identify a proper 404b purpose for admission  that is at issue in  the case (C) holding that a new trial was the remedy for erroneous admission of rule 404b evidence (D) holding that rule 404b evidence is admissible in rebuttal (E) holding that admission of rule 404b evidence was proper

SOLUTION: (C)

PROBLEM: with “complete and final discretionary authority to interpret the plans and maintain control over the operation and administration of the plans.” Accordingly, the Chevron Plan, via the Services Agreement and the SPD, delegates authority to Aetna regarding benefit eligibility for the Medical Plan. Moreover, in this situation, Aetna made a factual determination that certain diagnostic testing and IVIG treatments were not medically necessary. “[F]actual determinations made by [an] administrator during the course of a benefits review will be rejected only upon the showing of an abuse of discretion.” Meditrust Fin. Servs. Corp. v. Sterling Chems., Inc., 168 F.3d 211, 213 (5th Cir.1999); see also Chandler v. Hartford Life, No. 05-50688, 2006 WL 1209363, at *3 (5th Cir. Apr.28, 2006) (<HOLDING>) (quoting Meditrust Fin. Servs. Corp., 168 F.3d 
 Holding statements: (A) holding that the admission or exclusion of evidence is within discretion of the trial court and that such determinations will not be disturbed on appeal absent clear abuse of discretion (B) holding that a denial of benefits will not be reviewed de novo where the language of an erisa plan gives the administrator or fiduciary discretionary authority to determine eligibility for benefits or to construe the terms of the plan (C) holding that arbitrary and capricious standard applies to section 1132a1b denial ofbenefits claims if the benefit plan gives the administrator or fiduciary discretionary authority to determine eligibility for benefits or to construe the terms of the plan (D) holding that rulings on admissibility of evidence are within the discretion of the trial court and will not be disturbed absent a showing of abuse of that discretion (E) holding that  rjegardless of the administrators ultimate authority to determine benefit eligibility  factual determinations made by the administrator during the course of a benefits review will be rejected only upon the showing of an abuse of discretion 

SOLUTION:
(E)