Undocumented Clarifications Mean Undone State Award
Client Alert | less than 1 min read | 02.09.05
In a dramatic saga in the highly competitive market for state Medicaid IS contracts, a North Carolina administrative judge upheld a protest of the state’s award of a $180 million contract, holding that the state cannot base its award on clarifications that the awardee made during an unrecorded, undocumented meeting, and that the state improperly relaxed RFP technical requirements only for the awardee. The judge found the procurement so flawed that the state should start all over again, ruling for protester, EDS Information Services, which was represented jointly by Crowell & Moring and Smith, Anderson, Blount, Dorsett, Mitchell & Jernigan of North Carolina.
Insights
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On September 4, 2025, the Small Business Administration’s (SBA) Office of Hearings and Appeals (OHA) granted an appeal challenging SBA’s determination that a service-disabled veteran did not control an entity applying for Service-Disabled Veteran-Owned Small Business (SDVOSB) status based on a minority owner’s ability to block certain actions in the matter of VSBC Appeal of: Blue Skye Foods, LLC, SBA No. VSBC-442-A.
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