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CARDIAC SCIENCE v. DEPT. OF GEN. SERVICES

808 A.2d 1029 (2002)

CARDIAC SCIENCE, INC., Petitioner, v. DEPARTMENT OF GENERAL SERVICES, Respondent.

Commonwealth Court of Pennsylvania.

Decided October 21, 2002.

Attorney(s) appearing for the Case

Gerald Gornish, Philadelphia, for petitioner.

Peter M. Good, Harrisburg, for respondent.

John P. Lavelle, Jr., Philadelphia, for intervenor, Medtronic Physio-Control Corp.

BEFORE: SMITH-RIBNER, Judge, LEAVITT, Judge, and JIULIANTE, Senior Judge.

OPINION BY Senior Judge JIULIANTE.

Cardiac Science, Inc. petitions for review of the February 11, 2002 decision and order of the Department of General Services (DGS) denying Cardiac Science's bid protest challenging DGS's award of Contract No. 6520-02 (Contract) for an estimated 1,128 automatic external defibrillators (AEDs) to Medtronic Physio-Control Corporation (Medtronic). For the reasons that follow, we affirm.

DGS found the following facts. On August...

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