Eskridge & Associates v. United States, No. 19-1862 (Fed. Cir. 2020)
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The Army sought to procure the services of certified registered nurse anesthetists for the Fort Bragg Army Medical Center. Eskridge bid but the solicitation was canceled. A new solicitation received 18 timely, complete proposals. Eskridge filed a pre-award protest with the Government Accountability Office (GAO), alleging that the Army “acted in bad faith” by failing to include language allegedly agreed-upon following the cancellation. Eskridge withdrew its protest after the Army responded. Eskridge’s bid was not ranked among the five lowest proposals. The Army awarded the contract to Ansible as the lowest-priced, technically acceptable proposal. Eskridge filed another protest. The Army indicated it would “better document the selection” and reviewed the 10 lowest-priced bidders on technical and past performance bases. Of the five technically acceptable bidders, Eskridge bid the highest total price. The Army awarded the Contract to Ansible. Eskridge filed a post-award protest.
The GAO and the Claims Court dismissed Eskridge’s claims, finding Eskridge had no substantial chance of winning the Contract and that the claimed errors would affect each of the five lowest-priced, technically acceptable proposals equally. The Federal Circuit affirmed. Eskridge does not possess a direct economic interest. The relevant inquiry is whether the bidder “establish[ed] not only some significant error in the procurement process but also that there was a substantial chance it would have received the contract award but for that error.” The court found no error in the Army’s compensation realism analysis.
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