Ortega, U.S. respond to Acadia Corp. suit



WASHINGTON, D.C. — New Mexico-based Ortega Family Enterprises joined the United States Department of the Interior this week in defending their 10-year, $60 million bid award for concession services in Acadia National Park.

Ortega, doing business as Dawnland in Maine, won the contract to operate the Jordan Pond House and other Acadia locations because they were the best candidate for the job, both parties said in motions filed in the U.S. Court of Federal Claims. To suggest otherwise and to say that the evaluation process was biased or flawed, as local concessioner Acadia Corporation charges in their lawsuit, is completely wrong, both Ortega and the U.S. say.

In their lawsuit, attorneys with Acadia Corp. allege that the final draft contract between Dawnland and the National Park Service (NPS) contains just a fraction of the proposals that won Dawnland the concessioner bid. This, they say, is clear evidence that the evaluation process was flawed, and proof that Dawnland’s award was based on proposals that ANP officials would never have signed onto.
Further, Acadia Corp., DBA Jordan Pond Company (JPC), alleges that if Dawnland’s contract were vastly different from their proposal, then their financial projections would be completely different, putting the bid award in question.

Both Ortega and the U.S. also challenge the court’s jurisdiction in the matter. According to the case presented by the government, under the relevant laws the court has the option of offering Acadia Corp. only financial relief, not the injunction that Acadia Corp. is seeking. Acadia Corp. claims differently in their filings.

U.S. Judge Lynn Bush is scheduled to hear oral arguments in the case next week.

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