United States Federal Circuit

Because previous experience showed that a competitive bidding process would take much longer to perform than negotiating a sole-source award and would require a great amount of resources to design appropriate potential networks with each viable competitor, the US Postal Service's decision to contract on a sole-source basis was rational.

Appellate Information

• Decided 08/31/2001
• Published 08/31/2001

Judges

• Before NEWMAN, Circuit Judge, FRIEDMAN, Senior Circuit Judge, and GAJARSA, Circuit Judge.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Frederick W. Claybrook, Jr.,Crowell & Moring LLP, of Washington, DC, argued for plaintiff-appellant.   With him on the brief was W. Stanfield Johnson.   Of counsel on the brief were David P. Hendel, and Claude P. Goddard, Jr., Wickwire Gavin, P.C., of Vienna, Virginia.


• For Appellees:
  
• Kyle Chadwick, Trial Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for defendant-appellee United States.   With him the brief were Stuart E. Schiffer, Acting Assistant Attorney General;  and David M. Cohen, Director.   Of counsel on the brief was Eric Scharf, Managing Counsel, U.S. Postal Service, of Washington, DC. Of counsel was Mark A. Melnick, Attorney., David S. Cohen, Cohen Mohr LLP, of Washington, DC, for defendant-appellee Federal Express Corporation.   Of counsel on the brief was Connie Lewis Lensing, Federal Express Corporation, of Memphis, Tennessee.