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RAYTHEON CO. v. U.S.

No. 2015-5086.

809 F.3d 590 (2015)

RAYTHEON COMPANY, Plaintiff-Appellant, v. UNITED STATES, Lockheed Martin Corporation, Northrop Grumman Systems Corporation, Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

October 23, 2015.

Attorney(s) appearing for the Case

Mark Colley , Arnold & Porter LLP, Washington, DC, argued for appellant. Also represented by Kara L. Daniels , Nicole B. Neuman , Paul E. Pompeo.

Steven Michael Mager , Commercial Litigation Branch, Civil Division, United States Department of Justice, Washington, DC, argued for appellee United States. Also represented by Alexander V. Sverdlov , Kirk T. Manhardt , Robert E. Kirschman, Jr. , Benjamin C. Mizer ; Mark E. Allen , Adam N. Olsen , United States Air Force, Joint Base Andrews, MD.

Marcia Madsen , Mayer Brown LLP, Washington, DC, argued for appellee Lockheed Martin Corporation. Also represented by David F. Dowd , Luke P. Levasseur.

Richard A. Sauber , Robbins, Russell, Englert, Orseck, Untereiner & Sauber LLP, Washington, DC, argued for appellee Northrop Grumman Systems Corporation. Also represented by Deneen J. Melander , Peter B. Siegal , Jennifer S. Windom.

Before NEWMAN, DYK, and TARANTO, Circuit Judges.

The United States awarded a procurement contract to one of three bidders. A General Accountability Office review process, launched by the losing bidders' protests, then led the government to conclude, among other things, that it had given the bidders disparate information on an important subject, thereby violating a regulation...

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