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GBA ASSOCIATES v. GENERAL SERVICES ADMIN.

No. 94-1330.

32 F.3d 898 (1994)

GBA ASSOCIATES, Plaintiff-Appellant, v. GENERAL SERVICES ADMINISTRATION; United States of America; Crown Ridge Associates, L.P., Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided August 22, 1994.

Attorney(s) appearing for the Case

ARGUED: Katherine Street Nucci, Dykema, Gossett, P.L.L.C., Washington, DC, for appellant. Jeanne Evelyn Davison, Asst. Director, Commercial Litigation Branch, Civ. Div., U.S. Dept. of Justice, Washington, DC, for appellee U.S.; William M. Rosen, Dickstein, Shapiro & Morin, L.L.P., Washington, DC, for appellee Crown Ridge. ON BRIEF: Frank W. Hunger, Asst. Atty. Gen., Helen F. Fahey, U.S. Atty., David M. Cohen, Director, Commercial Litigation Branch, Civ. Div., U.S. Dept. of Justice; Robert Schlattman, William Dolan, Gen. Services Admin., Washington, DC, for appellee U.S.; Joel Freid, Leticia Flores, Dickstein, Shapiro & Morin, L.L.P., Washington, DC, for appellee Crown Ridge.

Before ERVIN, Chief Judge, and NIEMEYER and WILLIAMS, Circuit Judges.

Dismissed by published opinion. Judge WILLIAMS wrote the opinion, in which Chief Judge ERVIN and Judge NIEMEYER concurred.

OPINION

WILLIAMS, Circuit Judge:

In this appeal, GBA Associates challenges the validity of a General Services Administration Regulation (GSAR), 48 C.F.R. § 552.270-3(a) (1993), referred to as the late proposal clause. The General Services Administration (GSA), rejecting GBA's offer to lease, accepted an offer to lease from...

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