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Lowest-price Bid Loses Out Due To Past Performance Missteps

Monday, January 18, 2010 06:59 am


Matter of: American Construction Co., 2009 U.S. Comp. Gen. B-401493.2 (Oct. 16, 2009)

A contractor who once succeeded in arguing the government hadn?t given its lowest-priced bid a fair shake failed the second time when it argued that its offer represented the "best value" despite its "marginal" overall rating.

The Army Corps of Engineers (the Corps) evaluated bids for the demolition of an existing timber pier in Tacoma, Washington based on four factors. Price carried as much weight as the other three factors (experience, past performance and management) combined. American Construction Company (American) first protested tha [...]

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