(CN) – A trucking contractor can recover the costs of preparing a failed bid to transport war supplies between military bases and troops in Afghanistan, the Court of Federal Claims ruled, citing the government’s “flawed evaluation” of the bid.
Afghan American Army Services (AAA) had served as one of seven trucking contractors for the military since 2006. In 2008 the Army decided to switch the contract process by inviting several companies to bid for firm, fixed-price task orders instead of blanket contracts.
Each new contract would pay $30 million for at least one year and required companies to provide tracking devices and security escorts for their convoys.
AAA said the Army’s rejection of its bid was “fatally flawed” for several reasons, including the government’s failure to reasonably evaluate AAA’s past performance and its failure to toss bids that were unrealistically low.
The claims court agreed that the Army’s evaluation was flawed, but stopped short of ordering the government to re-open the bidding.
Instead, it instructed the United States to pay AAA’s bid preparation and proposal costs.
The ruling was filed under seal in late October, but was reissued this month with redactions.