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AXIOM RESOURCE MANAGEMENT, INC. v. U.S.

Nos. 2008-5072, 2008-5073.

564 F.3d 1374 (2009)

AXIOM RESOURCE MANAGEMENT, INC., Plaintiff-Appellee, v. UNITED STATES, Defendant-Appellant, and Lockheed Martin Federal Healthcare, Inc., Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

May 4, 2009.

Attorney(s) appearing for the Case

James S. DelSordo, Argus Legal, LLC, of Manassas, VA, argued for plaintiff-appellee.

William G. Kanellis, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellant United States. With him on the brief were Jeanne E. Davidson, Director, and Kirk Manhardt, Assistant Director. Of counsel was James A. Lewis, Lieutenant Colonel, United States Army Judge Advocate General's Corps, Department of the Army, of Arlington, VA.

Marcia G. Madsen, Mayer Brown LLP, of Washington, DC, argued for defendant-appellant Lockheed Martin Federal Healthcare, Inc. With her on the brief were Luke Levasseur and Robert L. Bronston. Of counsel was Melissa L. Baker.

Before LINN and PROST, Circuit Judges, and ARTERTON, District Judge.

PROST, Circuit Judge.

Lockheed Martin Federal Healthcare, Inc. ("Lockheed") and the government (collectively, "Appellants") appeal the February 26, 2008 decision of the United States Court of Federal Claims setting aside the United States Army's award of a TRICARE contract to Lockheed, effective July 21, 2008. For the reasons set forth below, we reverse.

I. BACKGROUND

The United States Department of Defense offers a health care program called TRICARE...

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