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SMS DATA PRODUCTS GROUP, INC. v. U.S.

Appeal No. 87-1444.

853 F.2d 1547 (1988)

SMS DATA PRODUCTS GROUP, INC., Appellant, v. The UNITED STATES, Appellee.

United States Court of Appeals, Federal Circuit.

July 29, 1988.

Attorney(s) appearing for the Case

Forrest A. Hainline, III, Swidler & Berlin, Washington, D.C., argued for appellant. With him on the brief was Sherrie Kopka Kennedy.

Jonathan S. Baker, Commercial Litigation Branch, Dept. of Justice, Washington, D.C., argued for appellee. With him on the brief were Richard K. Willard, Asst. Atty. Gen., David M. Cohen, Director and Mary Mitchelson, Asst. Director. Also on the brief was Dalton Phillips, Office of the Gen. Counsel, Dept. of Health and Human Services, Washington, D.C., of counsel.

Before RICH and SMITH, Circuit Judges, and BALDWIN, Senior Circuit Judge.

RICH, Circuit Judge.

This appeal is from a decision of the General Services Board of Contract Appeals (GSBCA or board), which denied a protest filed by SMS Data Products Group, Inc. (SMS). SMS protested the award of a contract for automatic data processing (ADP) equipment to Severn Companies, Inc. (Severn), on the basis that the contracting officer's decision to exclude SMS from participating in the reprocurement through which the contract was awarded violated various...

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