BEST POWER TECHNOLOGY SALES CORP. v. AUSTIN

Nos. 92-1118, 92-1254.

984 F.2d 1172 (1993)

BEST POWER TECHNOLOGY SALES CORPORATION, Appellant, v. Richard G. AUSTIN, Administrator, General Services Administration, Appellee. BEST POWER TECHNOLOGY SALES CORPORATION, Appellee, v. Richard G. AUSTIN, Administrator, General Services Administration, Appellant.

United States Court of Appeals, Federal Circuit.

January 21, 1993.


Attorney(s) appearing for the Case

Gerard F. Doyle, Doyle & Backman, Washington, DC, argued for appellant. With him on the brief was Ron R. Hutchinson. Of counsel was Pamela J. Reiner.

Thomas D. Dinackus, Atty., Commercial Litigation Branch, Dept. of Justice, Washington, DC, argued for appellee. With him on the brief were Stuart M. Gerson, Asst. Atty. Gen., David M. Cohen, Director and James M. Kinsella, Asst. Director. Also on the brief were Stuart Young, Christine Williams and Seth Binstock, Office of General Counsel, General Services Admin., of counsel.

Before NIES, Chief Judge, MAYER and SCHALL, Circuit Judges.


SCHALL, Circuit Judge.

Best Power Technology Sales Corporation (Best) appeals a final decision of the General Services Administration (GSA) Board of Contract Appeals (GSBCA or Board).1 In that decision, the GSBCA denied Best's protest of GSA's rejection of Best's offer to enter into a contract under GSA's Multiple-award Schedule (MAS) program to provide uninterruptible power supplies (UPSs).2

For its...

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