Lake Berryessa Concessionaires Win First Round in Contract Bid Protest

     In response to a pre-award bid protest filed by Marzulla Law on behalf of four concessionaires on Lake Berryessa, located in Napa Valley, California, the Bureau of Reclamation advised a Federal judge on August 29, 2007, that it would extend its deadline for the submission of contract proposals until October 31, 2007. The Bureau had originally set the proposal deadline for September 5, 2007. The concessionaires’ lawsuit asserts that Reclamation has illegally structured the bid process to eliminate existing concessionaires from consideration for the new concession contracts for the lake. In addition, the concessionaires claim that Reclamation has violated a 1980 statute regarding their concession contracts by refusing to compensate the concessionaires for the millions of dollars they have invested in resort facilities and infrastructure at the lake. The new proposal deadline will prevent Reclamation from accepting or considering any contract proposal until the Court rules on the merits of the dispute. A hearing on the merits of the bid protest is set for October 12, 2007. The Court has advised the parties that it will issue its ruling by October 30, 2007.

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