Livingston Procurement Law
Procurement Law Experience
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Maryland Contracts
 
Bid protests with information technology contracts
with the State of Maryland agencies

  • Bid protest over a contract with Maryland Department of Human Resources to provide maintenance of applications. The Department disqualified the low price offeror ($65,000,000) on the grounds that its financial proposal was not reasonably susceptible to selection. The MSBCA upheld the Department, finding the procurement officer did not act in an arbitrary and capricious manner.
     
  • Bid protest over a $1,400,000,000 contract with the Maryland Department of Budget and Management to provide pharmaceutical benefits management. The Department selected the offeror whose financial proposal was $13,000,000 more than the incumbent contractor. The MSBCA upheld the Department, finding the procurement officer did not act in an arbitrary and capricious in selecting the technically superior, but higher priced, proposal.
     
  • Bid protest over a $2,000,000 contract with the Maryland Department of Housing and Community Development to provide software management of assets. The score for the higher ranked technical proposal was only 1/2 percent better than the second ranked proposal. The Department selected incumbent offeror whose financial proposal was three times higher than the protestor's low price. The MSBCA overruled the Department, finding the procurement officer acted in an arbitrary and capricious manner. The slight technical superiority did not justify paying triple for software that was 99.5% as good.
 
Bid Protests over Services Contracts with State of Maryland Agencies
  • Bid protest over a $45,000,000 contract with Maryland Transit Administration for paratransit services. The chair of the technical evaluation committee improperly communicated with a favored offeror, even inviting its sales rep to Thanksgiving and giving him confidential information about the other competitors, including the incumbent contractor. The agency selected the favored vendor and the incumbent protested. On appeal, the MSBCA concluded that evaluation committee was biased and the procurement officer's rejection of the protest was overruled. This is the only reported decision of the MSBCA that overruled the agency's selection because of bias. This appeal also lasted longer (21 days) and had more witnesses (22 individuals) than any other hearing in the history of the MSBCA.
     
  • Bid protest over contract with Department of Human Resources for foster care services for 2500 children. The Department selected an offeror who engaged a lobbyist based on fee contingent upon successful outcome of the procurement. The incumbent protested. DHR rejected all proposals prior to the appeal of the bid protest decision to the MSBCA.
     
  • Bid protest over $1,000,000 contract with Maryland Aviation Administration for custodial services at BWI-Marshall airport. Protest resolved prior to MSBCA decision.
     
  • Bid protest over $800,000 contract with office of the State Treasurer to procure consulting services concerning BGE financing for rate increases. Protest resolved prior to MSBCA decision.
     
  • Bid protest over award of Maryland Transit Administration contract for temporary personnel services. Based on amicable settlement, the contract was awarded.
 
Bid Protests over Minority and Disadvantaged Business Enterprise Goals
  • Bid protest over $10,000,000 contract with State Highway Administration for highway improvements. Low bidder requested partial waiver of MBE goals and second low bidder--who met the goals--protested when low bidder increased its MBE participation and withdrew waiver request. SHA rejected all bids. Low bidder protested and MSBCA dismissed for lack of jurisdiction over MBE issues.
     
  • Bid protest over $37,000,000 contract with Maryland Transportation Authority for highway improvements. Agency rejected low bidder's MBE proposal even though it offered the same arrangement as used on another, just-completed, job for the same agency. Circuit Court of Harford County ruled against the agency, finding the bidder was entitled to contract award.
     
  • Bid protest over $9,000,000 contract with State Highway Administration for highway improvements. Agency rejected low bidder's MBE proposal because it listed a Hispanic type of MBE rather than a woman-owned MBE to satisfy the percentage goal. SHA would not allow the bidder to cure mistake and Circuit Court refused to grant injunction to withhold award to second low bidder.
     
  • Bid protest over a contract with the Maryland Transportation Authority for highway construction. Low bidder 3 out of 4 places required on bid forms. Second low bidder protested and agency rejected the low bid as not responsive. On appeal, MSBCA overruled procurement officer based on precedent that omission of single signature was a minor irregularity that agency must allow the low bidder to cure.
     
  • Bid protest over a large contract with the Maryland Aviation Administration for construction services. Agency called upon low bidder to revise its MBE proposal, again and again, until the 90-day period for irrevocability of bid price expired. Low bidder no longer wanted the project, it did not extend its bid price and it refused to enter contract on 94th day. Agency threatened to take action on the bid bond, and case resolved prior to judicial determination.
 
Bid Protests Over State Construction Contracts
  • Bid protest over $5,000,000 contract with the Maryland Transportation Authority because low bidder failed to show official witness of executed bid documents. The MSBCA upheld the agency's rejection of the low bid as non-responsive.
     
  • Bid protest over $20,000,000 contract with State Highway Administration for highway interchange. Discrepancies in the low bidder's schedule of prices led made the bid non-responsive, according to the Department. MSBCA upheld procurement officer's selection of second low bidder for award.
 
Bid Protests - Services, Baltimore City
  • Bid protest over $7,000,000 contract with School Board of Baltimore City for food services for 185 public schools. School Board denied bidder's request for waiver of MBE goals but Circuit Court granted preliminary injunction to prevent award to any party other than low bidder. State Board of Education upheld City School Board's rejection of the low bidder and Circuit Court dismissed the injunction.
     
  • Bid protest over $42,000,000 contract with Department of Public Works for construction of 6000' sanitary sewer tunnel. Second low bidder protest award to low bidder who failed to meet MBE goals. Circuit Court of Baltimore City ruled in favor second low bidder, all bids rejected and, upon re-rebid, protester was awarded the contract.
 
Bid protests in Other Local Jurisdictions
  • Bid protest over $21,000,000 contract with Anne Arundel County for trash removal. County selected low bidder even though the related parties' total residential units exceeded limit for single company. Circuit Court of Anne Arundel County granted temporary restraining order but rejected second low bidder's complaint for permanent injunction.
     
  • Bid protest over Montgomery County RFP to procure speed cameras. County specifications were unduly restrictive. The specifications were revised, and the matter was resolved without judicial rulings.
     
  • Bid protest over contract with Washington Suburban Sanitary Commission for utility installation project. The corporate bidder lacked certificate of good standing where previous "d.b.a." was not registered. Based on amicable settlement, the contract was awarded.
     
  • Bid protest over award of contract with City of Annapolis for parking ticket management services. Circuit Court ruled against protester, upholding award to selected awardee, as not arbitrary and capricious.
     
  • Bid protest over award of health care insurance contract for employees of School Board of Anne Arundel County.
 
Claims Arising Out of Contracts with State of Maryland
  • Claims of $1,200,000 against Maryland Transit Administration for operation of short line railroad. Contract claims settled amicably.
     
  • Claims of $1,000,000 against Maryland Aviation Administration for maintenance of HVAC systems at BWI-Marshall airport. Claims settled amicably.
     
  • Claims of $500,000 arising out of contracts with Department of Human Resources for legal services for children in need of assistance. Claims settled amicably.
     
  • Claims of $400,000 arising out of contract with State Highway Administration for bridge construction in state park. Claims settled amicably.
     
  • Claims for termination for convenience of contract with Department of Health and Mental Hygiene. Claims settled amicably.
     
  • Claims for adjustment of payment provisions against Department of Public Safety and Corrections. Claims settled amicably.
     
  • Claims for additional compensation against Department of Juvenile Services on contract for operation of youth correctional facility. Claims settled amicably.
     
  • Claims for additional compensation against University of Maryland on contract for cogeneration plant and energy services. Claims settled amicably.
     
  • Claims for additional compensation related to contract with Housing Authority of Baltimore City for residential electrical work. Claims settled amicably.
 
Disputes Arising Out of Contracts with Baltimore City
  • Claims against prime contractor for alleged failure to pay MBE amounts stated in MBE proposal on contract for Housing Authority of Baltimore City. Claims settled out of court.
 

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