Ga. Vocational Rehab. Agency Bus. Enter. Program v. United States

The government will be enjoined from awarding a contract for food services at Fort Benning until the plaintiff’s challenge to the bidding process has been resolved in arbitration.

The plaintiff’s claim that the government violated federal law by not referring the issue of the price-reasonableness of the plaintiff’s contract proposal to the Secretary of Education is likely to succeed on the merits. It appears that the government violated its own regulations: No competitive rate was actually determined; the government simply picked a number and selected the only bidder whose bid was originally lower than that number.

The plaintiff has also established that it will suffer irreparable harm by losing employees and training resources if they lose the contract they sought. And because the government violated its own policies and its witnesses gave inconsistent or incredible testimony, the balance of equities and the public interest favors injunctive relief.

Motion for preliminary injunction granted.

Ga. Vocational Rehab. Agency Bus. Enter. Program v. United States, No. 4:18cv148, Jan. 22, 2019. EDVA at Newport News (Morgan).

Categories: Opinions, U.S. District Court - Eastern District of Virginia

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