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December 2015

Gordon & Rees Appellate Team Successful in Defeating Bid Protest Over Large, Multi-Year Contract

Gordon & Rees fielded a stellar appellate team to defeat a bid protest concerning a $150 million contract with the Hillsborough County Aviation Authority in Tampa, Florida. Gordon & Rees’s client bid for, and obtained a 10 year contract with the Airport Authority to renovate, maintain, and operate the airport’s concessions, including over 60 retail and food service stores.  After the dust settled and the contract was awarded, the second place bidder, which had been in contract with the airport for over 40 years, launched a series of bid protests that culminated in an appellate certiorari proceeding before a circuit court sitting in its appellate jurisdiction. Gordon & Rees intervened in the certiorari proceeding on behalf of the client and submitted written briefing and participated in oral argument ultimately relied on by the court in denying the writ request.
The briefing was a true team effort with Peter Siachos, Allen Estes, Amy Darby, David Gersten, Christine Barker and Evan Rothman all contributing to the finished product. The Gordon & Rees team’s extensive public procurement and appellate experience, and its in-depth analysis of the significant procedural and legal issues involved proved invaluable in defeating the prolonged bid protest. Gordon & Rees’s brief raised numerous issues not addressed by the Airport Authority that proved integral in the court’s denial of the writ petition. 
Gersten argued before the court and the appellate court denied certiorari. What makes this victory even sweeter is that the client has tried for 32 years to obtain this lucrative contract. Now, it is in their hands thanks to the dedicated Gordon & Rees team effort.

Christine D. Barker
Allen W. Estes III
David M. Gersten
Peter G. Siachos