United States Federal Circuit

Federal Acquisition Regulation Section 15.306(d)(3) does not require a contracting officer to enter into cost discussions with bidders whose cost proposals are deemed adequate, and whether discussions should be conducted lies within the discretion of the contracting officer.

Appellate Information

• Decided 01/29/2002
• Published 01/29/2002

Judges

• MAYER, Chief Judge., Before MAYER, Chief Judge, GAJARSA and LINN, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Cyrus E. Philips, IV, of Washington, DC, argued for plaintiff-appellant.


• For Appellees:
  
• Erin E. Powell, Trial Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for defendant-appellee.   With her on the brief were Stuart E. Schiffer, Acting Assistant Attorney General;  David M. Cohen, Director;  and Harold D. Lester, Jr., Assistant Director.   Of counsel on the brief were Mitzi S. Phalen, and Russell Spindler., Devon E. Hewitt, Shaw Pittman, of McLean, Virginia, argued for defendant.   Of counsel on the brief were Alex D. Tomaszczuk, and Daniel S. Herzfeld.