Mayor’s Office of Communications
55 Trinity Avenue, Suite 2500 • Atlanta, Georgia 30303
FOR IMMEDIATE RELEASE: 05/08/12
City of Atlanta City Prevails on SSP America Inc.’s Motion for Reconsideration
Losing bidder rejected yet again by Administrative Hearing Officer George F. Maynard
As further confirmation that the City of Atlanta abided by the law in soliciting food and beverage concessions at the Hartsfield-Jackson Atlanta International Airport, Hearing Officer George F. Maynard denied losing proponent SSP America, Inc.’s request that he reconsider his original Order denying its protest (April 24, 2012 Order). Today's ruling adds to a series of legal blows suffered by SSP since it filed its protest and associated litigation earlier this year.
In its latest effort to derail the procurement process, SSP argued that the Hearing Officer should reconsider the April 24, 2012 Order because the Federal Aviation Administration sent letters to GDOT, MARTA, and the City on April 20, 2011, questioning GDOT's certification of certain entities under the Airport Concession Disadvantaged Business Enterprise (ACDBE) program.
Hearing Officer Maynard denied SSP's request and explained, once again, that “[u]nder Federal law, GDOT’s certification of ACDBE status to a proponent cannot be disregarded by the City.” The city was bound to honor the ACDBE certification papers submitted on behalf of the winning proponents and their ACDBE partners, and the food and beverage concessions contracts were therefore awarded in accordance with the law.
The city will continue to defend these meritless challenges by losing proponents. The city looks forward to the opening of the new Maynard H. Jackson Jr. International Terminal, complete with new food and beverage and retail concessions outlets, on May 16, 2012
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