Atlanta wins ruling on Hartsfield-Jackson International Airport concession lawsuit
A concessionaire has lost its administrative appeal challenging the way Atlanta awarded restaurant contracts in a massive overhaul of food services at Hartsfield-Jackson International Airport.
The decision is a victory for Atlanta's city government as it seeks to smoothly install chosen contractors in the new international terminal, slated to open next month, and elsewhere at the airport.
A hearing officer rejected an appeal that SSP America Inc. filed after losing out on the five largest restaurant contracts.
Atlanta's chief procurement officer had already denied the concessionaire's protest.
Hearing officer George Maynard wrote that SSP "made an impressive showing of presenting a plethora of objections" to the contracting process, "but none of these objections merit overturning" the city's decision.
Attorneys for SSP argued that politically favored companies won contracts even though their proposals didn't fulfill all requirements, that evaluators didn't follow procedures and that the solicitation should have included a conspicuous statement prohibiting gratuities and kickbacks but didn't.
They also said Paul Brown, director of airport concessions, had conflicts of interest.
Lawyers for the city argued that state and city codes allow the city discretion in choosing contractors even if the companies' proposals aren't perfect.
The ruling said the city "acted fully within its authority" and that SSP had to show a "gross abuse of discretion" to reverse the city's decision.
SSP attorney Ken Hodges said he plans to continue his client's challenge and will take the matter to Fulton County Superior Court.
Copyright 2012 The Atlanta Journal-Constitution
