United States Federal Circuit

Dismissal of contract claims brought by a small business against the Air Force involving a development contract for night vision goggles is affirmed where 15 U.S.C. section 638 imposes no duty on the government to award a Phase III contract to a concern that successfully completes a Phase II contract, and plaintiff failed to produce evidence that a government representative with contracting authority made a contract with it.

Appellate Information

• Decided 11/22/2006
• Published 11/22/2006

Judges

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

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Stephen Novack, Novack and Macey LLP, of Chicago, IL, argued for plaintiff-appellant.   On the brief was James S. DelSordo, Cohen Mohr LLP, of Washington, DC. Of counsel on the brief were P. Andrew Fleming and John F. Shonkwiler, Novack and Macey LLP, of Chicago, IL., Jere W. Glover, Brand Law Group, P.C., of Washington, DC, for amici curiae.   With him on the brief was Andrew D. Herman.   Of counsel on the brief was Paul J. Seidman, Seidman & Associates, P.C., of Washington, DC.


• For Appellees:
  
• Kyle E. Chadwick, Senior Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellee.   With him on the brief were Peter D. Keisler, Assistant Attorney General, and David M. Cohen, Director.   Of counsel was Mark A. Melnick, Assistant Director.