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This section contains the nature of the case and procedural background.

The government of Guam awarded Maeda (D) a contract to modernize its port facilities. Prior to this award, D solicited proposals from subcontractors. Electrical (P) was one of those contractors and alleges that when D solicited its bid, it was unwilling to bid unless D agreed to award P the subcontract if it were the lowest bidder and D were the successful bidder on the prime. P alleges that D accepted its proposal. D was awarded the contract and refused to hire P despite the fact it was the lowest bidder. P sued D, and its action was dismissed for failure to state a claim upon which relief may be granted. P appealed.

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