Trump's Wall: Sam Z. Gdanski, of Gdanski Law PC, Outlines Potential Litigation by Bidders on Award of Any Contract

The proposal to build a wall falls under the Competition in Contracting Act ("CICA") requiring public advertising and competition.  Typically award processes take time for bids to be evaluated and the award can be made either under technically acceptable low bid or best value which encompasses price together with other factors such as management, past performance, experience.

It is not uncommon for major government contracts to be subject to Bid Protests procedures generally at the Government Accountability Office ("GAO") which envisions a 100‑day statutory mandated procedure during which typically awards are frozen or "stayed" pending resolution. 

This is not the last step, only the beginning.

Then litigation at the U.S. Court of Federal Claims in which the prior GAO decisions are not determinative but of interest.

The court on a temporary restraining order is sought by a competitor with valid grounds typically requests a procuring agency to voluntary stay the award processes pending the court's resolution on an expedited accelerated schedule.  This involves oral argument briefing, preparation of the Administrative Record, applications by counsel for admittance to a Protective Order on which they are able to review under oaths of confidentiality the entire file prepared by the government.

There typically is repetitive rounds of briefing and it is not uncommon for such a decision process to take 1 year.

The government on occasion attempts to award Sole Source but this is permitted only under urgent and compelling circumstances which don't seem to apply on its face to any procurement or construction for walls. 

Ironically the federal government has a mandate to include minority and small business contractors and it could be that Hispanic and other minority-owned firms would be delegated or given a preferred status in portions of the wall contract and/or team members or subcontractors.

For further information contact Sam Z. Gdanski, email [email protected], 914‑589‑0015.

SOURCE Gdanski Law PC