Legal Opinion
Sea-Land Service, Inc. v. Brown
Court of Appeals for the Third Circuit
Decided June 11, 1979No. Nos. 78-2360, 78-2372, 78-2668 and 78-2669PublishedCited by 74 opinions
1Opinion of the Court
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 the negotiations resulted in an undue limitation on the contracting officer’s discretion and cannot be sustained. Accordingly, we vacate a…
2Cases cited10 opinions
- Larson v. Domestic and Foreign Commerce Corp.Supreme Court of the United States · 1949
- Scanwell Laboratories, Inc. v. John H. Shaffer, Administrator (Acting) of the Federal Aviation AdministrationCourt of Appeals for the D.C. Circuit · 1970
- Glidden Co. v. ZdanokSupreme Court of the United States · 1962
- M. Steinthal & Co., Inc. v. Robert J. Seamans, Jr., Secretary of the Air Force, Pioneer Parachute Co., Inc.Court of Appeals for the D.C. Circuit · 1971
- KINNETT DAIRIES, INC., Plaintiff-Appellee, v. J. C. FARROW, Etc., Et Al., Defendants-Appellants, Flav-O-Rich, Inc., Intervenor-AppellantCourt of Appeals for the Fifth Circuit · 1978
5 more not listed; retrieve them via the Exa API.
3Cited by74 opinions
- Delta Data Systems Corporation v. William H. Webster, Director, Federal Bureau of Investigation, and System Development Corporation, (Two Cases)Court of Appeals for the D.C. Circuit · 1984
- B.K. Instrument, Inc. v. United StatesCourt of Appeals for the Second Circuit · 1983
- Robbins v. United States Bureau of Land ManagementCourt of Appeals for the Tenth Circuit · 2006
- Coggeshall Development Corp. v. William J. Diamond, Etc.Court of Appeals for the First Circuit · 1989
- Owen of Georgia, Inc., Cross-Appellant v. Shelby County Roy Nixon, Mayor of Shelby County Pidgeon-Thomas Iron Company, Cross-AppelleesCourt of Appeals for the Sixth Circuit · 1981
69 more not listed; retrieve them via the Exa API.