PROMAC, INC. v. WEST

No. 99-1075.

203 F.3d 786 (2000)

PROMAC, INC., Appellant, v. Togo D. WEST, Jr., Secretary of Veterans Affairs, Appellee.

United States Court of Appeals, Federal Circuit.

February 8, 2000.


Attorney(s) appearing for the Case

Christopher M. Johnson, Kilcullen, Wilson & Kilcullen, of Washington, DC, argued for appellant. With him on the brief was Ronald E. Gilbertson. Of counsel was Claude P. Goddard, Jr.

Patricia M. McCarthy, Trial Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for appellee. With her on the brief were David W. Ogden, Acting Assistant Attorney General; David M. Cohen, Director; and Mark A. Melnick, Assistant Director. Of counsel on the brief was Patrick J. LaMoure, Trial Attorney, Office of General Counsel, Department of Veterans Affairs, of Washington, DC.

Before NEWMAN, MICHEL, and PLAGER, Circuit Judges.


PLAGER, Circuit Judge.

Promac, Inc. ("Promac") was the lowest bidder for a contract with the Department of Veterans Affairs to construct a new medical research building. When performance was almost complete, Promac filed a claim for reformation of its contract based upon alleged violations of the Federal Acquisition Regulations by the Government in the bidding process. The Contracting Officer ("CO") denied Promac's claims. The Department of Veterans Affairs Board...

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