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WIDNALL v. B3H CORP.

Nos. 95-1042 through 95-1044.

75 F.3d 1577 (1996)

Sheila WIDNALL, Secretary of the Air Force, Appellant, and Logistics Techniques, Inc., Appellant, v. B3H CORPORATION, Intervenor, and Martin Marietta Technical Services, Inc., Intervenor. B3H CORPORATION, Appellant, v. Sheila WIDNALL, Secretary of the Air Force, Appellee, and Logistics Techniques, Inc., Intervenor, and Martin Marietta Technical Services, Inc., Intervenor.

United States Court of Appeals, Federal Circuit.

February 8, 1996.

Attorney(s) appearing for the Case

Shalom Brilliant, Senior Trial Counsel, Commercial Litigation Branch, Department of Justice, Washington, D.C., argued for appellant, Sheila Widnall, Secretary of The Air Force. With him on the brief were Frank W. Hunger, Assistant Attorney General and David M. Cohen, Director. Also on the brief were Colonel C. Richard Pennington and Major H. Josseph Batey, Air Force Legal Services Agency, Arlington, Virginia, and Clarence D. Long, III, Department of the Air Force, Office of the General Counsel, Washington, D.C., of counsel. Charles W. Mahan, of Dayton, OH, argued for appellant, Logistics Techniques, Inc., in no. 95-1042 and intervenor, Logistics Techniques, Inc., in nos. 95-1043 and 95-1044.

Ira E. Hoffman, McAleese & Associates, P.C., McLean, Virginia, argued for intervenor, B3H Corporation.

James F. Worrall, Venable, Baetjer, Howard & Civiletti, Washington, D.C., representing intervenor, Martin Marietta Technical Services, Inc.

Before NEWMAN, LOURIE, and CLEVENGER, Circuit Judges.

CLEVENGER, Circuit Judge.

The Secretary of the Air Force (Air Force) and Logistics Techniques, Inc. (LOGTEC) appeal the July 8, 1994 decision of the General Services Administration Board of Contract Appeals (GSBCA or Board), B3H Corp. v. Department of Air Force, GSBCA No. 12813-P, 94-3 B.C.A. (CCH) ¶ 27,068, 1994 WL 372020 (1994), granting the protest of B3H Corporation (B3H) in a best value procurement.1 B3H cross-appeals...

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