Question

The Federal Bureau of Prisons invited bids on a $63 million Colorado prison job. The companies with the lowest bids were Blount Construction at $62.3 million; Swinerton & Walberg at $64.5 million; and Hensel Phelps at $65.3 million. The Bureau disqualified Blount’s bid on the basis that the bid did not comply with a requirement that the successful bidder perform at least 20% of the contract. S & W’s bid was disqualified on the grounds that it was submitted less than a minute late. After disqualifying the two lowest bids, the Bureau awarded the contract to Hensel Phelps. Both Blount and S & W immediately filed bid protests. Blount claims that the firm intended to self-perform 22.9% of the work, but that they erroneously stated on a questionnaire that was required to be submitted with the bid that it would self-perform a minimum of 10% of the work. S & W claims that the contracting officer’s clock was two minutes fast. Answer the following questions with respect to the above facts:

The Bureau can disqualify bids on the basis of responsiveness or responsibility. On what basis were these bids disqualified?

What type of mistake is Blount asserting? Will Blount be successful in establishing that its bid was improperly removed from consideration?

Assume that the Bureau rejects S & W’s protest, and that S & W files a lawsuit in order to have the court rescind the contract with Phelps and instead award the contract to its own company. If S & W is successful in establishing that its bid was improperly removed, what remedy is the court likely to grant?

Answer 1

these bids disqualified:

a)  lowest bids

b)  bid did not comply with a requirement

c)  submitted less than a minute late

Blount be successful in establishing that its bid was improperly removed from consideration.