Posted on February 16, 2006 by John Parnass

Ambiguous Specification Claim Fails for Lack of Reliance Evidence

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This new ASBCA case stemming from a Bremerton project is pretty dense to read (so what's new about ASBCA decisions?), but it contains a valuable legal nugget toward the end: merely proving that a bid specification is ambiguous is not enough to obtain compensation from the government - the claimant must in addition demonstrate "reliance" on the poor specification (i.e., that the bidder in fact based its bid price on its interpretation of the ambiguous specification). Otherwise, the claim is rejected as in this case.

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