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TECHNICAL ASSISTANCE INTERN., INC. v. U.S.

No. 97-5112.

150 F.3d 1369 (1998)

TECHNICAL ASSISTANCE INTERNATIONAL, INC., Plaintiff-Appellee, v. UNITED STATES, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

August 4, 1998.

Attorney(s) appearing for the Case

Howell R. Riggs, Jr., Riggs and Associates, Pensacola, Florida, argued for plaintiff-appellee.

Margaret L. Baskette, Attorney, Civil Division, Commercial Litigation Branch, U.S. Department of Justice, Washington, DC, argued for defendant-appellant. On the brief were Frank W. Hunger, Assistant Attorney General, David M. Cohen, Director, Sandra P. Spooner, Deputy Director, and Anne M. McCormick, Attorney.

Before LOURIE, CLEVENGER, and BRYSON, Circuit Judges.

BRYSON, Circuit Judge.

This case requires us to determine how much freedom the government has to vary its requirements when it enters into a requirements contract. The government entered into a requirements contract with Technical Assistance International, Inc., (TAI), pursuant to which TAI was to maintain and repair the Army's vehicle fleet at the White Sands Missile Range. The United States Court of Federal Claims held that when the government increased the rate...

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