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28 Pub. Cont. L.J. 69 (1998-1999)
Scanwell Plus: Challenging the Propriety of a Federal Agency's Decision to Use a Federal Grant and Cooperative Agreement

handle is hein.journals/pubclj28 and id is 79 raw text is: Scanwell Plus: Challenging the Propriety of a Federal Agency's Decision to Use a Federal Grant and Cooperative Agreement KURT M. RYLANDER I. Introduction 69 II. Procurement Contracts versus Domestic Assistance Vehicles-Purposes and Differences 72 III. Scanwell Standing Applied to Domestic Assistance Vehicles 74 A. A Primer on Scanwell Standing 74 B. Federal Court's Use of Scanwell in Challenges of Agency Decisions to Use Assistance Vehicles 76 1. The Court of Appeals for the Third Circuit's Chem Service Opinion Applies the Competition in Contracting Act 77 2. The District Court for the District of Columbia's TMC Technologies Determines that a Prospective Subcontractor Has Standing 78 IV. Creating a Standard of Judicial Review of an Agency Decision to Award a Grant or Cooperative Agreement 79 A. Administrative Procedure Act Review 79 B. Courts Applying Administrative Procedure Act Review Should Apply a Two-Step Test 81 1. Step One: Determining the Principal Purpose of the Transaction: Does It Help the Agency Meet Its Charter or Legal Duties? 81 2. Step Two: Determining Whether a Transaction Is Consistent with Any Specific Statutory Authorization 84 V. Conclusion 87 1. Introduction Federal agencies issue grants and cooperative agreements to provide do- mestic assistance to geographic, scientific, or economic venues of our nation.I Kurt Rylander practices federal contract law and litigation in Washington, D.C., and Seattle, Washington. 1. See generally U.S. GENERAL SERVICES ADMINISTRATION, CATALOG OF FEDERAL DOMESTIC ASSISTANCE III-IV (30th ed. 1996) (detailing 1324 assistance programs adminis- tered by fifty-three federal agencies concerning assistance in the broad categories of

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