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CHE CONSULTING, INC. v. U.S.

No. 2007-5172.

552 F.3d 1351 (2008)

CHE CONSULTING, INC., Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

December 30, 2008.

Attorney(s) appearing for the Case

Steven E. Kellogg, The Kellogg Law Firm, of Belleville, IL, argued for plaintiff-appellant.

Christopher L. Krafchek, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellee. On the brief were Jeffrey S. Bucholtz, Acting Assistant Attorney General, Jeanne E. Davidson, Director, Brian M. Simkin, Assistant Director, and F. Jefferson Hughes, Trial Attorney.

Before LOURIE, RADER, and BRYSON, Circuit Judges.

RADER, Circuit Judge.

In this bid protest case, the United States Court of Federal Claims entered judgment in favor of the United States Naval Oceanographic Office ("NAVO") and against the challenger, CHE Consulting ("CHE"). CHE protested NAVO's decision to solicit a single provider for the hardware and software maintenance of a complex computer system. During oral argument, the trial court requested NAVO to supplement the administrative record with regard to,

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