City & County of San Francisco v. United States

The City and County of San Francisco (the “City”), appeals from the district court’s grant of summary judgment in favor of the United States and Pacific Gas & Electric (“PG & E”). The City is a disappointed bidder for a Presidio electrical systems replacement and service contract. The City *876 sought review from the district court, after the General Accounting Office (the “GAO”) denied its protest of the National Park Service’s (“NPS”) award of the contract to PG & E. The City contends that PG & E should not have been awarded the Presidio electrical contract because PG & E had an organizational conflict of interest, did not submit a responsive bid proposal, and wrongly received a higher evaluation score than the City. We affirm because we conclude that the district court properly found the GAO and NPS decisions reasonable.

I

The Department of Defense added the Presidio of San Francisco to the military base closure list in 1989. As required by the Golden Gate National Recreation Area Act, the Department of Defense would transfer the Presidio of San Francisco to the Department of the Interior to be administered by the NPS as Part of the Golden Gate National Recreation Area. 16…