DOJ Has No Obligation to Fix 22nd Century Flawed IT Support Bid

The Justice Department reasonably eliminated 22nd Century Technologies Inc. from a procurement to provide IT support services because its bid didn’t comply with a material pricing requirement in the solicitation, the U.S. Court of Federal Claims said.

The DOJ clearly said it wouldn’t consider bids with proposed costs exceeding ceiling rates for expert consultants, equipment, and other categories, Judge Patricia E. Campbell-Smith said in a decision made public on Tuesday.

The court rejected 22nd Century’s argument that DOJ should have viewed the proposed costs as a mistake, not a business decision, and provided an opportunity to clarify the error.

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