J.P. Francis & Associates, Inc. v. United States

This is an appeal from the district court’s denial of a motion for preliminary injunction. On November 23, 1988 the Seattle District Army Corps of Engineers (“Corps”) solicited bids for the alteration of housing units at McChord Air Force Base. The solicitation, as amended, provided that bids were due by 2:00 p.m. on January 10, 1989. Appellant J.P. Francis and Associates (“Francis”) attempted to bid on the contract, but its bid was rejected as untimely. Francis protested the rejection of its bid in a January 11, 1989 letter to the Corps. In a memorandum dated January 27, 1989, the Corps denied the protest, thus upholding the initial decision of untimeliness. Francis then appealed to the Corps Division offices in Portland. The Division Counsel rendered a decision on March 7, 1989, which -again upheld the initial decision. Thereafter, having exhausted its administrative remedies, Francis filed suit in the United States District Court for the Western District of Washington. Francis sought to enjoin the Corps from awarding the contract to a competing bidder. The district court, the Honorable Barbara J. Rothstein presiding, found that the plaintiff had no chance of success on the…