NOTE: Pursuant to Fed. Cir. R. 47.6, this disposition

is not citable as precedent. It is a public record. United States Court of Appeals for the Federal Circuit

05-5148

ORION INTERNATIONAL TECHNOLOGIES,

Plaintiff-Appellant,

v.

UNITED STATES,

Defendant-Appellee,

and

FIORE INDUSTRIES, INC.,

Defendant-Appellee.

__________________________

DECIDED: June 16, 2006

__________________________ Before NEWMAN, LINN, and PROST, Circuit Judges. PER CURIAM.

The government's motion to vacate and dismiss is denied, for a bid protest is not routinely mooted whenever the agency terminates the protested contract for convenience.

On the appeal, the decision of the Court of Federal Claims is affirmed on the grounds set forth in that court's opinion.