Health Systems Marketing & Development Corp. v. United States

OPINION

BRUGGINK, Judge.

This is a suit to recover bid proposal preparation costs. Plaintiff is a disappointed bidder in a negotiated procurement. Defendant terminated negotiations, allegedly because plaintiff’s cost proposals were non-responsive. Defendant has moved for summary judgment.1 For the reasons that follow, the motion is denied.

FACTUAL BACKGROUND2

The parties agree as to some of the background circumstances. Other, more particular facts, are discussed in the context of determining whether a relevant dispute of fact exists.

The Agency for International Development (“AID”) and the…