Case Results

Matter of Ultimate Concrete, L.L.C., GAO B-412255, B-412255.2

January 2016

The GAO found in favor of our client where Ultimate Concrete, L.L.C., a small business, of El Paso, Texas, protested the award of a contract to our client, a small business, based in Phoenix, Arizona, under an invitation for bids (IFB) , which was issued by the Department of the Army, Army Corps of Engineers-Fort Worth District, for the replacement of approximately 2.5 miles of an existing section of the United States Border Patrol legacy fence in Sunland Park, New Mexico, along the United States/Mexico International Border. Ultimate Concrete argued that the Army unreasonably allowed our client to revise its bid by reallocating contract line items after bid submission, and that the Army could not reasonably make award based on our client's original bid because it was materially unbalanced.

Practice area(s): Appeals, Construction / Development, Government, Litigation, Administrative Law

Court: Government Accounting Office

David Rose

David A. Rose, Esq., is a senior member of the firm practicing throughout the United States and internationally based in Georgia. In addition to Federal Contracts and Procurement law, he assists companies and corporations with business formation issues (LLCs, Domestic Corporations, Joint Ventures, Teaming Arrangements, 8(a) and Small Disadvantaged Applications to SBA, Mentor Protégé, Affiliation and Ostensible Subcontractor Issues, etc.) and with the establishment of subsidiary entities in foreign locations from the Caribbean to the Mid and Far East. With more than 20 years of experience, the former Deputy General Counsel (Deputy Staff Judge Advocate) of the Air Force Center for Engineering and Environmental Excellence, oversaw the legal program for execution of over $4 Billion in Federal contracts each year. Dave has served at senior positions in Korea, Japan, Germany, Great Britain and the Pentagon and now brings that breadth of knowledge and experience to the commercial sector. His background is complemented by degrees in chemistry, mathematics, a jurisdoctorate, and post doctoral degrees in environmental law and procurement law from George Washington University. He was most recently selected as the 2011 SAME National Industry Small Business Advocate. He is active in the State Bar of Georgia, US Court of Federal Claims, US Tax Court, Armed Services Board of Contract Appeals, Fulton County Bar Association, the Society of American Military Engineers, the American Society of Civil Engineers, and the Judge Advocates Association. He currently holds the active rank of Lt Col in the United States Air Force Reserves and the position of Deputy Staff Judge Advocate (Cat A) to the Headquarters, United States Air Force Reserves where he is one of the primary legal advisers to the Commanding Officer of the Air Force Reserves, Lt General Scobee.

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