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TRW, INC. v. UNISYS CORP.

Nos. 95-1295, 95-1412 and 95-1416.

98 F.3d 1325 (1996)

TRW, INC., Appellant, and Sheila E. Widnall, Secretary of the Air Force, Appellant, v. UNISYS CORP., Appellee. UNISYS CORP., Appellant, v. Sheila E. WIDNALL, Secretary of the Air Force, Appellee.

United States Court of Appeals, Federal Circuit.

October 25, 1996.

Attorney(s) appearing for the Case

Kenneth B. Weckstein, Epstein Becker & Green, P.C., Washington, DC, argued, for TRW, Inc. With him on the brief, was Raymond Fioravanti.

Arnold M. Auerhan, Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, Washington, DC, argued, for Sheila E. Widnall, Secretary of the Air Force. With him on the brief, were Frank W. Hunger, Assistant Attorney General, David M. Cohen, Director, and Richard E. Rice, Assistant Director. Of counsel on the brief, were Colonel Alexander W. Purdue and Major H. Josseph Batey, AFLSA, Commercial Litigation Division, Arlington, VA. Of counsel was Clarence D. Long, SAF/GCQ, Washington, DC.

C. Stanley Dees, McKenna & Cuneo, L.L.P., Washington, DC, argued for Unisys Corporation. With him on the brief, was J. Keith Burt.

Before PLAGER, Circuit Judge, SKELTON, Senior Circuit Judge, and BRYSON, Circuit Judge.

PLAGER, Circuit Judge.

The Department of the Air Force ("Air Force") awarded to TRW, Inc. ("TRW") a contract to provide various computer-related devices and services. Unisys Corporation ("Unisys") successfully challenged this award before the General Services Administration Board of Contract Appeals ("GSBCA" or "Board"). This appeal by both the Air Force and TRW followed. Because the GSBCA based its decision on an erroneous standard, we reverse.

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