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DELL FEDERAL SYSTEMS, L.P. v. U.S.

2017-2516, 2017-2535, 2017-2554.

906 F.3d 982 (2018)

DELL FEDERAL SYSTEMS, L.P., Blue Tech Inc., Red River Computer Company, Inc., Plaintiffs-Appellees Iron Bow Technologies, LLC, Govsmart, Inc., Ideal System Solutions, Inc., NCS Technologies, Inc., Plaintiffs v. UNITED STATES, HPI Federal, LLC, CDW Government LLC, Defendants-Appellants. Alphasix Corporation, Insight Public Sector, Inc., Integration Technolgy Groups, Inc., Sterling Computers Corporation, Defendants.

United States Court of Appeals, Federal Circuit.

Public Opinion Issued: October 5, 2018.

Attorney(s) appearing for the Case

CATHERINE EMILY STETSON , Hogan Lovells US LLP, Washington, DC, argued for all plaintiffs-appellees. Plaintiff-appellee Dell Federal Systems, L.P. also represented by MICHAEL F. MASON , THOMAS PETTIT , CHRISTINE ALICE REYNOLDS .

JOSEPH ASHMAN , Commercial Litigation Branch, Civil Division, United States Department of Justice, Washington, DC, argued for defendant-appellant United States. Also represented by MARTIN F. HOCKEY, JR. , ROBERT EDWARD KIRSCHMAN, JR. , CHAD A. READLER ; ELINOR KIM , Contract and Fiscal Law Division, United States Army Legal Services Agency, Fort Belvoir, VA.

JONATHAN MICHAEL BAKER , Crowell & Moring, LLP, Washington, DC, argued for defendant-appellant HPI Federal, LLC. Also represented by DANIEL RUBEN FORMAN , ELIZABETH ANN BUEHLER , ROBERT JOSEPH SNECKENBERG .

MICHAEL J. ANSTETT , Fried, Frank, Harris, Shriver & Jacobson LLP, Washington, DC, for plaintiff-appellee Blue Tech Inc. Also represented by JAMES J. McCULLOUGH , BRENDAN CONNOLLY McNAMARA , NEAHA P. RAOL .

GREGORY R. HALLMARK , Holland & Knight, LLP, McLean, VA, for plaintiff-appellee Red River Computer Company, Inc. Also represented by ELIZABETH JOCHUM , Tysons, VA; RODNEY MITCHELL PERRY , Washington, DC.

DAVID MICHAEL NADLER , Blank Rome LLP, Washington, DC, for defendant-appellant CDW Government LLC.

Before Moore, Schall, and Wallach, Circuit Judges.

After initially awarding a contract for computer hardware to original awardees including Dell Federal Systems, L.P. ("Dell"), Blue Tech, Inc. ("Blue Tech"), and Red River Computer Company ("Red River") (collectively, "Appellees"), the U.S. Department of the Army ("the Army") instituted a corrective action

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