The U.S. Government Accountability Office (GAO) ruled this week that the U.S. Navy unfairly rejected a proposal from Pillsbury client Harper Construction Co. Inc. Harper was the lowest bidder for a $38 million building construction deal at a Marine Corps air station but was excluded from bidding due to ambiguities in the contract solicitation, the GAO said.

The contract on which Harper bid was a lowest-price, technically acceptable deal, meaning it would be awarded to the lowest bidder who met the minimum technical standards. The GAO decided that Naval Facilities Engineering Command excluded Harper because the company used a broad interpretation of what was acceptable instead of the stricter interpretation preferred by the Navy and that “latent ambiguities” in the contract solicitation could reasonably support Harper’s interpretation.

Harper is represented by Los Angeles Government Contracts & Disputes partner Richard Oliver, senior associate Matthew Carter and associate Mary Buxton.

Read more about this bid protest on Law360 (subscription required).