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Contractor Wins Back Govt. Award It Lost For Alleged Conflict Of Interest

Friday, September 03, 2010 02:53 am


Bid Protest

Turner Construction Co., Inc. v. United States; McCarthy/Hunt, JV; B.L. Harbert-Brasfield & Gorrie, JV, 2010 U.S. Claims Lexis 468 No. 10-195C (July 8, 2010) A business relationship doesn't present a conflict of interest if it isn't yet a relationship. A firm involved in a government project and one of the bidder's subcontractors contemplated a merger, but that possible future connection shouldn't have excluded the bidder from the award.

A federal court reversed the Army Corps of Engineers' (Corps') decision to strip Turner Construction Company (Turner) of its contract to construct an Army hospital. The Corps initially awarded the contract to Turner, but two rival contractors challenged the award.

The Government Accountability Office (GAO) recommended that the Corps strip Turner of the contract because organizational [...]

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