OMV MEDICAL, INC. v. U.S.

No. 99-5098.

219 F.3d 1337 (2000)

OMV MEDICAL, INC., Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee, and Choctaw Management Services Enterprise, Defendant-Appellee, and Professional Performance Development Group, Inc., Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

July 18, 2000.


Attorney(s) appearing for the Case

Craig Alan Holman, Holland & Knight LLP, of Washington, DC, argued for plaintiff-appellant, OMV Medical, Inc. With him on the brief was Frank K. Peterson.

Marian E. Sullivan, Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for defendant-appellee, United States. On the brief were David W. Ogden, Acting Assistant Attorney General; David M. Cohen, Director; Harold D. Lester, Jr., Assistant Director; and Todd M. Hughes, Attorney. Of counsel on the brief were Clarence D. Long, III, Department of the Air Force, of Brooks Air Force Base, Texas; and Captain David Whiteford, Department of the Air Force, of Washington, DC.

Glen C. Etelson, Conroy, Ballman & Dameron, Chartered, of Gaithersburg, Maryland, argued for defendant-appellee, Choctaw Management Services Enterprise. With him on the brief was Deborah L. Moran.

Jonathan M. Bailey, Theodore M. Bailey, P.C., of San Antonio, Texas, argued for defendant-appellee, Professional Performance Development Group, Inc.

Before MAYER, Chief Judge, SCHALL, and BRYSON, Circuit Judges.


BRYSON, Circuit Judge.

In this bid protest case, OMV Medical, Inc., protests the award of two contracts related to the Air Force's Family Advocacy Program. The first contract, the FAP East contract, covers the eastern continental United States. The award of that contract was flawed, according to OMV, because the Air Force improperly released price information to one bidder without providing the same information to all bidders. The second contract, the FAP West contract...

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