ADVANCED DATA CONCEPTS, INC. v. U.S.

No. 99-5064.

216 F.3d 1054 (2000)

ADVANCED DATA CONCEPTS, INCORPORATED, Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

Rehearing Denied July 13, 2000.


Attorney(s) appearing for the Case

Cyrus E. Phillips, IV, Kilcullen, Wilson & Kilcullen, Washington, DC, argued for plaintiff-appellant. Of counsel was Christopher H. Jensen.

Michael M. Duclos, Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, Washington, DC, argued for defendant-appellee. With him on the brief were David W. Ogden, Acting Assistant Attorney General; David M. Cohen, Director; and James M. Kinsella, Deputy Director.

Before CLEVENGER, RADER, and GAJARSA, Circuit Judges.


RADER, Circuit Judge.

The General Accounting Office (GAO) denied Advanced Data Concepts, Inc.'s (ADC's) bid protest. ADC appealed the contract award to the United States Court of Federal Claims, which upheld the bid process and denied the protest. Because the trial court correctly found that the United States Department of Energy (DOE) did not abuse its discretion, this court affirms.

I.

DOE solicited proposals in April 1997 for the on-site delivery...

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