Claim of ‘Politicking’ Agency Evaluator Shows Potential for Bias

A recent court order requiring depositions on whether favoritism tainted a contract award stands out as a rare instance where a losing bidder was able to overcome the judiciary’s general presumption that government officials do their jobs properly.

Judge Eric G. Bruggink of the US Court of Federal Claims said depositions were necessary to address “unexplained and unresolved questions” about a US Census Bureau task order evaluation. Certain evidence is “hard to explain absent bad faith,” he said, ruling in MetroIBR JV LLC v. US, and sworn affidavits suggested bad faith. A Sept. 19 order set the depositions deadline ...