BIRCH & DAVIS INTERN., INC. v. CHRISTOPHER

No. 92-1384.

4 F.3d 970 (1993)

BIRCH & DAVIS INTERNATIONAL, INC., Appellant, v. Warren M. CHRISTOPHER, Secretary of State, Appellee.

United States Court of Appeals, Federal Circuit.

September 13, 1993.


Attorney(s) appearing for the Case

Shelton H. Skolnick, of Derwood, MD, argued for appellant. With him on the brief was Judy D. Leishman, of Glenelg, MD, of counsel.

Christopher R. Yukins, Atty., Commercial Litigation Branch, Dept. of Justice, of Washington, DC, argued for appellee. With him on the brief were Stuart M. Gerson, Asst. Atty. Gen., David M. Cohen, Director and Terrence S. Hartman, Asst. Director. Of counsel was James M. Kinsella. Also on the brief was Jeffrey Marburg-Goodman, U.S. Agency for Intern. Development, Washington, DC, of counsel.

Before PLAGER, Circuit Judge, SMITH, Senior Circuit Judge, and RADER, Circuit Judge.


PLAGER, Circuit Judge.

Appellant, Birch & Davis International, Inc. (Birch), protested a procurement conducted by the Agency for International Development (agency). Although four bids, including two from Birch, were technically acceptable, the contracting officer excluded all but one bid from the initial competitive range. Both Birch bids were excluded.

When Birch challenged this action before the General Services Administration Board of Contract Appeals...

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