United States Federal Circuit

The Air Force-s contacts with appellee were allowable requests for "clarification" of its proposal and were not "discussions" under the 1997 revision to Subpart 15.3 of the Federal Acquisition Regulations, thus denial of a bid protest is affirmed.

Appellate Information

• Decided 01/10/2003
• Published 01/13/2003

Judges

• DYK, Circuit Judge., Before NEWMAN, DYK and PROST, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Jed L. Babbin,O'Connor & Hannan, LLP, of Washington, DC, argued for plaintiff-appellant.   With him on the brief was Sharon L. Babbin.


• For Appellees:
  
• Mark L. Josephs, Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for defendant-appellee The United States.   On the brief were Robert D. McCallum, Jr., Assistant Attorney General;  David M. Cohen, Director;  Mark A. Melnick, Assistant Director;  and Michael F. Kiely, Trial Attorney.