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Govt. Played Favorites And Lost It Failed To Address Bid Defects Equally

Friday, September 04, 2009 06:06 pm

Govt. Played Favorites And Lost -- It Failed To Address Bid Defects Equally Bid Protest AshBritt, Inc. v. United States and CERES Environmental Services, Inc. and Environmental Chemical Corporation United States Court of Federal Claims 2009 U.S. Claims Lexis 227 (June 15, 2009)

A contractor properly and successfully protested the government's award to two competitors based on discrepancies in the government's communication to bidders.

AshBritt, Inc. (AshBritt) submitted multiple bids for a set of Army Corps of Engineers' projects involving debris removal in 10 regions throughout the U.S. Bidders were permitted to submit proposals for any and all regions and were eligible to receive multiple awards. The government chose AshBritt as primary contractor in one region and as secondary contractor in another. Nevertheless, AshBritt sought relief because the government allegedly conducted "unequal and misleading"discussions with bidders, which caused AshBritt to propose higher prices than its competitors and therefore lose out on additional contract awards.

According to the government, AshBritt's proposal lost points because it didn't address efforts to involve Historically Black Colleges [...]

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