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HONEYWELL, INC. v. U.S.

Nos. 89-1155, 88-1204.

870 F.2d 644 (1989)

HONEYWELL, INC., Plaintiff-Appellee, v. The UNITED STATES, Defendant-Appellant, v. HAZ-TAD, INC., Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

April 5, 1989.

Attorney(s) appearing for the Case

Paul C. Fuener, Pettit & Martin, Washington, D.C., argued for plaintiff-appellee. With him on the brief were Gregory A. Smith and Gail D. Frulla.

Paula Barton, Commercial Litigation Branch, Dept. of Justice, of Washington, D.C., argued for defendant-appellant U.S. With her on the brief were John R. Bolton, Asst. Atty. Gen., David M. Cohen, Director and Thomas W. Petersen, Asst. Director. Also on the brief was Major David Carey, Judge Advocate General's Office, Dept. of the Army. Melvin Rishe, P.C., Fried, Frank, Harris, Shriver & Jacobson, Washington, D.C., argued for defendant-appellant Haz-Tad, Inc. With him on the brief were Garry S. Grossman and Richard D. Lieberman.

Before FRIEDMAN, BISSELL and ARCHER, Circuit Judges.

FRIEDMAN, Circuit Judge.

These are appeals from an order of the United States Claims Court permanently enjoining the Department of the Army (Army) from awarding a contract to the appellant Haz-Tad, Inc. (Haz-Tad). Honeywell, Inc. v. United States, 16 Cl.Ct. 173 (1989). The contracting officer had held that Haz-Tad's bid was not responsive, but the General Accounting Office (GAO) ruled to the contrary and recommended that the Army award the contract to Haz-Tad...

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