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Construction Claims Monthly - Devoted exclusively to the problems of construction contracting since 1963

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Wednesday, January 02, 2013 04:25 am


Bid Protest

J.C.N. Construction, Inc. v. U.S., 2012 U.S. Ct. Fed. Cl. Lexis 1361 (Oct. 29, 2012)

A protester claimed that a contract awardee had superior knowledge that allowed it, and it only, to look past mistakes in the solicitation and craft a proper bid.

J.C.N. Construction, Inc. (JCN) protested a U.S. Postal Service award of a contract to replace the heating, ventilation, and air conditioning system in a Portland, Maine post office. JCN alleged that the Postal Service improperly evaluated bids and treated offerors unfairly--specifically allowing the awardee, Paul J. Rogan Co., Inc. (Rogan), to have inside information regarding the project scope. Although JCN prevailed on the merits of its protest, the Court of Federal Claims would not overturn the award.

The dispute involved two solicitations for the work at the Portland post office. Under the first, the agency awarded the contract to Rogan after a late bid adjustment that lowered its price by $60,000 to $882 less than JCN's. (Initially, Rogan had bid $2,683,488, compared to JCN's $2,624,370 price, and the agency accepted Rogan's price adjustment one day after bidding closed.) JCN contended that the agency had divulged JCN's price to Rogan, allowing it to underbid. Twice, the Postal Service's resolution department concluded that the evaluation had not been conducted properly. It finally ordered the agency to terminate Rogan's contract--not because of JCN's price-sharing allegation but because it found that neither Rogan nor JCN had established that they met the minimum performance requirements, th [...]

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