Politically favored companies won city contracts despite failing to fulfill all of the requirements in their proposals, attorneys for airport concessionaire SSP America Inc. said Tuesday. The charge highlighted the final day of an administrative appeals hearing over restaurant contracts at Hartsfield-Jackson International Airport.
Attorneys for the city countered that state and city codes allow them discretion to determine winning contractors even if those contractors' responses aren't perfect.
The concessionaire Chow Baby Ponce, for example, did not submit three years of financial statements as required, SSP argued. The city countered that responses from the company's majority partner HMSHost were sufficient and that it had the latitude under the law to make that decision.
SSP, which did not win any of the concession contracts (estimated worth: $3 billion) awarded earlier this year by the city, also argued that evaluators didn't follow procedures. The company charged that the solicitation should have included a conspicuous statement prohibiting gratuities and kickbacks but didn't, and that airport concessions director and evaluator Paul Brown had conflicts of interest.
"There is not a bat's eyelash of evidence to show a conspiracy in this procurement process," said Janna Nugent, an attorney representing the city.
SSP attorney Ken Hodges responded: "It's there and it's circumstantial evidence." He added that the standard the city used to select concessionaires was "arbitrary and capricious."
Appeals hearing officer George Maynard expects to issue a decision in a week. Hodges said he expects to then take the matter to Fulton County Superior Court.
About the Author
