January 5, 2004

Churchill and Confucius Assist Federal Court of Claims in Bid Protest Ruling

United States Court of Federal Claims

Overstreet was the lowest price bidder on a “competitive best value, single award acquisition utilizing Performance Price Trade-off (PPT) procedures” negotiated method of procurement to repair or replace the main base switching station at Randolph AFB. The government awarded the job to Boldt based on a higher performance evaluation. Overstreet felt it’s performance evaluation rating of Very Good vs. Boldt’s Excellent were arbitrary and capricious, and even so, the minimal difference between the two ratings was not enough to justify a $201,118 trade-off. Overstreet filed a post-award bid protest to the Court of Federal Claims (COFC) pursuant to the Administrative Dispute Resolution Act of 1996. The COFC upheld the award to Boldt. The 27-page opinion issued by the court is instructive in bid preparation and analysis issues.

Citing Winston Churchill’s characterization that “democracy is the worst form of government except all those other forms that have been tried from time to time,” the court emphasizes the point that the review of bid protests is not to obtain perfect outcomes, but to provide judicial protection from gross agency excesses. “In doing so,” says the court, “it strikes a balance between the need to give deference to agency expertise and the demand for fairness to bidders and the public at large. The law, consequently, does not allow this court to second guess governmental agencies.”

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