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COMINT SYSTEMS CORP. v. U.S.

No. 2012-5039.

700 F.3d 1377 (2012)

COMINT SYSTEMS CORPORATION and EyeIT.com, Inc., Joint Venture, Plaintiff-Appellants, and Netservices & Associates, LLC, Plaintiff, v. UNITED STATES, Defendant-Appellee, and NetCentrics Corporation, Defendant-Appellee, and Digital Management, Inc., Defendant, and PowerTek Corporation, Defendant.

United States Court of Appeals, Federal Circuit.

December 7, 2012.

Attorney(s) appearing for the Case

Philip F. Hudock , of Reston, VA, argued for plaintiff-appellant.

Alexander V. Sverdlov , Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellee United States. With him on the brief were Stuart F. Delery , Acting Assistant Attorney General, Jeanne E. Davidson , Director, and Patricia M. McCarthy , Assistant Director. Of counsel on the brief were Andrew Bramnick and Lisa Marie Golden , Assistant General Counsel, Washington Headquarters Services & Pentagon Force Protection Agency, Office of General Counsel, Department of Defense, of Washington, DC.

Karen R. Harbaugh , Squire Sanders (US) LLP, of Washington, DC, argued for defendant-appellee NetCentrics Corporation. With her on the brief were Robert E. Gregg and Jeremy W. Dutra .

Before BRYSON, DYK, and PROST, Circuit Judges.

DYK, Circuit Judge.

This case involves contracts awarded by the United States Department of Defense through the Washington Headquarters Service ("the agency") for information technology services. After the award, Joint Venture of COMINT Systems Corporation and EyeIT.com, Inc. ("Comint"), an unsuccessful bidder, brought a bid protest action in the United States Court of Federal Claims ("Claims Court"), challenging the procurement. The Claims Court dismissed Comint...

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