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.
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Question: 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

Answer: (A)

Question: lease, for the first time in his reply brief, thus, he has waived it. In most circumstances a litigant who fails to raise an argument until his reply brief wul be deemed to have waived that argument. Wilson v. O'Leary, 895 F.2d 378, 384 (7th Cir. 1990). This case is before us, however, on a motion for dismissal pursuant to Rule 12(b)(6). The inquiry we are faced with is whether the plaintiff can prove any set of facts to support his allegation. Conley v. Gibson, 355 U.S. 41, 45-46, 78 S.Ct. 99, 101-02, 2 L.Ed.2d 80 (1957). This court has held that when reviewing Rule 12(b)6) motions, we wul consider new factual allegations raised for the first time on appeal provided they are consistent with the complaint. See Hrubec v. National R.R. Passenger Corp., 981 F.2d 962, 963-64 (7th Cir.1992) (<HOLDING>); Dawson v. General Motors Corp., 977 F.2d 369,
Holding statements: (A) holding that a court in deciding a rule 12b6 motion may consider a document that is incorporated by reference into the complaint (B) holding that the essential inquiry in conversion of a rule 12b6 motion to a rule 56 motion is whether the appellant should reasonably have recognized the possibility that the motion might be converted into one for summary judgment or was taken by surprise and deprived of a reasonable opportunity to meet facts outside the pleadings (C) holding that a plaintiff may attempt to survive a rule 12b6 motion by adding essential new facts in a brief on appeal (D) holding that class claims that fail to meet the requirements of rule 23 may be properly dismissed by granting a rule 12b6 motion (E) holding that plaintiff cannot introduce new allegations or new facts in opposition to a motion to dismiss

Answer: (C)

Question: "[r]ecognized standards of business ethics and business customs and practices are pertinent"). FMS specifically complains that Hawkeye used "the FMS customer list and the FMS licensed agents to compete directly for the FMS book of business." There is no evidence that Hawkeye sought a customer list in the possession of FMS. Rather, Hawkeye merely compiled such a list from its own records; after all, FMS's clients were originally bank customers and were referred to FMS by the Hawkeye banks. There is nothing improper about Hawkeye using information in its own files for purposes of soliciting business. See Burke, 474 N.W.2d at 113 (citing Ballagh v. Polk-Warren Mut. Ins. Ass'n, 257 Iowa 1334, 1343, 136 N.W.2d 496, 501 (1965)); cf. Lemmon v. Hendrickson, 559 N.W.2d 278, 280-81 (Iowa 1997) (<HOLDING>). With respect to Hawkeye's use of "FMS
Holding statements: (A) holding that a customer list may be protectable as a trade secret if it is secret and the court examines and determines if it is protectable based on three factors 1 what steps if any an employer has taken to maintain the confidentiality of a customer list 2 whether a departing employee acknowledges that the customer list is confidential and 3 whether the content of the list is readily ascertainable (B) holding that arbitration clause which was included with product mailed to customer and with proviso that customer could return product within 30 days was binding on customer who did not return computer (C) holding former employee could properly use recollection of customer information where he did not otherwise misappropriate an actual customer list (D) holding that the plaintiffs customer list was not a trade secret in part because there was no evidence that by the nature of the plaintiffs business extraordinary effort was involved in compiling the customer list (E) holding that murder committed by customer was not foreseeable result of excessive sale of alcohol to customer

Answer:
(C)