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PROGRESSIVE INDUSTRIES, INC. v. U.S.

2017-1941.

888 F.3d 1248 (2018)

PROGRESSIVE INDUSTRIES, INC., Plaintiff-Appellant v. UNITED STATES, Defendant-Appellee. Irish Oxygen Company, Defendant.

United States Court of Appeals, Federal Circuit.

Decided: April 30, 2018.

Attorney(s) appearing for the Case

MARY F. APRIL , McDonald Hopkins, LLC, West Palm Beach, FL, argued for plaintiff-appellant. Also represented by TYLER LEE MATHEWS , Cleveland, OH.

ANTONIA RAMOS SOARES , Commercial Litigation Branch, Civil Division, United States Department of Justice, Washington, DC, argued for defendant-appellee. Also represented by CHAD A. READLER , ROBERT E. KIRSCHMAN, JR. , DOUGLAS K. MICKLE .

Before Prost, Chief Judge, Mayer and Reyna, Circuit Judges.

I

This bid protest pertains to the Department of Veterans Affairs's ("VA") procurement of medical gases for certain medical facilities maintained by the VA. In response to the VA's initial solicitation, six offerors submitted proposals. Three companies were eventually determined...

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