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INFORMATION TECHNOLOGY & APPLICATIONS v. U.S.

No. 02-5048.

316 F.3d 1312 (2003)

INFORMATION TECHNOLOGY & APPLICATIONS CORPORATION, Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee, and RS Information Systems, Inc., Defendant.

United States Court of Appeals, Federal Circuit.

DECIDED: January 10, 2003.

Attorney(s) appearing for the Case

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

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.

Before NEWMAN, DYK and PROST, Circuit Judges.

DYK, Circuit Judge.

This case involves the distinction between "clarifications" and "discussions" under the 1997 revision to Subpart 15.3 of the Federal Acquisition Regulations. 48 C.F.R. §§ 15.300-08 (2002). Information Technology and Applications Corporation ("ITAC") appeals the decision of the United States Court of Federal Claims denying its bid protest and granting the United States motion for summary judgment on the administrative record. Info....

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