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SEA-LAND SERVICE, INC. v. BROWN

Nos. 78-2360, 78-2372, 78-2668 and 78-2669.

600 F.2d 429 (1979)

SEA-LAND SERVICE, INC., Appellee, v. Harold BROWN, Individually and in his capacity as Secretary of Defense, W. Graham Claytor, Individually and in his capacity as Secretary of the Navy, Rear Admiral John D. Johnson, Jr., Individually and in his capacity as Commander, Military Sealift Command, Captain J. A. Raymond, Individually and in his capacity as Contracting Officer, Department of the Navy, Military Sealift Command, and United States of America, Appellants in Nos. 78-2372 and 78-2668. Appeal of FOSS ALASKA LINE, Defendant-Intervenor in Nos. 78-2360 and 78-2669.

United States Court of Appeals, Third Circuit.

Decided June 11, 1979.

Attorney(s) appearing for the Case

Gerald A. Malia (argued), Ragan & Mason, Washington, D. C., (Jeffrey L. Reiner, Meyner, Landis & Verdon, Newark, N. J., of counsel), for appellee Sea-Land Service, Inc.

Marc S. Friedman, Newark, N. J., Harold E. Mesirow (argued), James H. Heller, Washington, D. C., for appellant Foss Alaska Line.

Robert J. Del Tufo, U. S. Atty., Newark, N. J., Anne C. Singer (argued), Asst. U. S. Atty., Newark, N. J. (E. Duncan Hamner, Jr., Dept. of the Navy, Washington, D. C., of counsel), for Harold Brown, etc., et al. and United States.

Before ADAMS, GIBBONS and WEIS, Circuit Judges.

OPINION OF THE COURT

WEIS, Circuit Judge.

In general, a district court may not substitute its judgment for that of a contracting officer who has a rational basis for awarding a governmental procurement contract. It is permissible for an agency to accept a bid having a computation formula different from the one contained in a proposal to negotiate a contract when the variation is one of form rather than substance. The district court's contrasting view of...

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