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.

[Q]: 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
[A]: (A)


[Q]: absence of any effort to serve Bustos with a summons or a complaint, the Receiver cannot claim substantial compliance with Rule 4. The Receiver’s failure even to attempt to comply with Rule 4 is no “minor defect,” United Food & Commercial Workers Union v. Alpha Beta Co., 736 F.2d 1371, 1382 (9th Cir.1984), that can be remedied by actual notice. More importantly, the difficulty here runs deeper than mere insufficient service of process. The Receiver never filed a complaint and never named Bustos as a party. In other words, the Receiver never commenced an action against Bustos, see Fed. R. Civ. P. 3; it simply named Bustos in a motion for the disgorgement of allegedly ill-gotten gains earned through the sale of unregistered securities. See In re Alpha Telcom, 2004 WL 3142555, at *1 (<HOLDING>). Prior to Bustos’s intervention in the action, 
 Holding statements: (A) holding pursuant to bankruptcy rule 7004b9 that because the creditor mailed the complaint and summons to the debtors attorney and to the address listed in the debtors bankruptcy petition service of process was sufficient even if the debtors were out of the country and did not actually receive notice of the complaint and summons (B) holding that the court lacks jurisdiction where a complaint was filed more than 30 days after the filing of the summons (C) holding that a title vii cause of action is limited to those discrimination allegations in the complaint that have been under the scrutiny of a formal eeoc complaint (D) holding that a formal summons and complaint were unnecessary because the motion before the court is not an independent action (E) holding that service of a statecourt summons and complaint after removal to federal court is valid service
[A]: (D)


[Q]: provision for premeditated murder, U.S.S.G. § 2A1.1, when it should have relied on the provision for non-premeditated murder, § 2A1.2. These claims do not rely on an intervening change in the law that has rendered the conduct for which he was convicted non-criminal. Massaro also invokes Alleyne v. United States in an effort to fit his sentencing claims within § 2255’s “safety valve.” In Alleyne, the Supreme Court held that any fact that increases the penalty for a crime beyond the mandatory minimum sentence must be submitted to the jury. 133 S.Ct. at 2155. Even assuming, arguendo, that Alleyne were relevant to Massaro’s sentence, we have made clear that Alleyne-based claims cannot be raised in a § 2241 petition. Gardner v. Warden Lewisburg USP, 845 F.3d 99, 102-03 (3d Cir. 2017) (<HOLDING>). For these reasons, we conclude that this 
 Holding statements: (A) holding that the trial court may not retain jurisdiction over a sentence when the defendant is sentenced under the guidelines (B) holding that only defendants who can allege they are actually innocent meaning they did not commit the crimes for which they are convicted may bring a petition for relief under crim proc  8301 (C) holding that prisoners sentenced prior to alleyne may not challenge their sentences under  2241 because alleyne did not render the crimes for which they were convicted noncriminal (D) holding that prospective jurors should have been excused for cause because they did not affirmatively state that their bias against the plaintiffs would not affect their ability to render an impartial verdict (E) holding that apprendi was not triggered because the defendants were sentenced to terms of imprisonment that were within the maximum penalties for the rico offenses that they were found guilty of committing
[A]:
(C)