The Case Involving Birch & Davis International, Inc.

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The case involving Birch & Davis International, Inc., and Warren M. Christopher, the United States Secretary of State was decided on September 13th, 1993. The case involved procurement procedures conducted by the Agency of International Development (Open Jurist). The issue centered on exclusion of bids made by Birch & Davis International, Inc. Birch challenged the exclusion to the General Services Administration Board of Contract Appeals and they decided that the actions taken by the agency were fair. The case got to the Federal level when Birch appealed the decision by the board. The agency had submitted a Request for Proposals in April of 1991 in reference to the need for Egyptian Health Insurance Organization to have an information management system that was computer-based (Open Jurist). There were five companies who submitted proposals for this project and Birch & Davis International, Inc. was one of them. Birch submitted three proposals and two went into the final bidding stage. Birch was informed that they were excluded from the competitive range and that left only one bidder in December of the same year. This is the action that led Birch to file a formal appeal with the General Services Board of Contract Appeals on December 20, 1991. Their argument was that their bid held up within competitive range and that any issues were just superficial (p.1426). The GSBCA reviewed the decision to exclude the bid from the competitive range and on February 27, 1992 they

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