Kaye Scholer Defends Government Contract Award in Bid Protest Litigation

Kaye Scholer successfully represented Atlantic Diving Supply, Inc. (ADS), in a bid protest litigation before the Government Accountability Office filed by Zodiac of North America (Zodiac). ADS received an award of a contract by the Department of the Army for delivery of inflatable combat raiding craft and inflatable combat assault craft. Zodiac filed a protest alleging that the ADS proposal was not technically acceptable and that the Army improperly favored ADS during the bid process. After the issues were fully briefed by the parties, the GAO denied Zodiac’s protest, finding no merit in any of Zodiac’s arguments and upholding the propriety of the award to ADS. Ronald Henry (Partner) and David Hibey (Counsel) of the Washington, DC office worked in conjunction with Jennifer Patterson (Partner) and John Cahalan (Associate) of the New York office to successfully defend against the protest.