DYNCORP INTERNATIONAL, LLC v. UNITED STATES

2020-2041.

10 F.4th 1300 (2021)

DYNCORP INTERNATIONAL, LLC, Plaintiff-Appellant v. UNITED STATES, Kellogg Brown & Root Services, Inc., Vectrus Systems Corporation, Fluor Intercontinental, Inc., PAE-Parsons Global Logistics Services, LLC, Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

Decided: August 25, 2021.


Attorney(s) appearing for the Case

Aaron Martin Panner , Kellogg, Huber, Hansen, Todd, Evans & Figel, PLLC, Washington, DC, for plaintiff-appellant. Also represented by Collin White.

William Porter Rayel , Commercial Litigation Branch, Civil Division, United States Department of Justice, Washington, DC, argued for defendant-appellee United States. Defendant-appellee United States also represented by Sarah Elaine Harrington , Robert Edward Kirschman, Jr. , Patricia M. McCarthy ; Dana J. Chase , Scott Nicholas Flesch , Gregory T. O'Malley , Contract and Fiscal Law Division, United States Army Legal Service Agency, Fort Belvoir, VA.

Seth Locke , Perkins Coie, LLP, Washington, DC, for defendant-appellee Kellogg Brown & Root Services, Inc. Also represented by Lee Paul Curtis , Brenna Duncan , Julia M. Fox ; Dan L. Bagatell , Hanover, NH.

Deanne Maynard , Morrison & Foerster LLP, Washington, DC, for defendant-appellee Vectrus Systems Corporation. Also represented by Seth W. Lloyd , Kevin P. Mullen , Michael Qian , James A. Tucker .

Andrew E. Shipley , Wilmer Cutler Pickering Hale and Dorr LLP, Washington, DC, for defendant-appellee Fluor Intercontinental, Inc. Also represented by Philip Edward Beshara .

Anuj Vohra , Crowell & Moring, LLP, Washington, DC, for defendant-appellee PAE-Parsons Global Logistics Services, LLC. Also represented by Christian Curran , Zachary H. Schroeder .

Before Prost, Schall, and O'Malley, Circuit Judges.


This bid-protest case arises from a peculiar procurement mechanism. Contracting officers often must discuss deficiencies and significant weaknesses in proposals with offerors before proposals are final. And so when an offeror proposes a price that is unreasonably high (so as to preclude an award), the government must discuss...

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