SMS Data Products Group, Inc. v. United States

OPINION

RADER, Judge.

This case revisits issues recently litigated before the General Services Administration Board of Contract Appeals (GSBCA or Board) and the United States Court of Appeals for the Federal Circuit. SMS Data Prods. Group, Inc. v. United States, 853 F.2d 1547 (Fed.Cir.1988). In 1986, the Government awarded plaintiff, SMS Data Products Group, Inc. (SMS), a contract for computer services. Before performance, the Government terminated the contract for default of SMS. The Government later excluded plaintiff from the new procurement for the same services.

Plaintiff challenged the…