Bidder Rejected on Past Performance Criteria

By Paul Emanuelli

In its June 2017 decision in Framan Mechanical, Inc. v. State University Construction Fund, the New York Court of Appeal upheld a decision to reject a bidder for failing to meet past performance criteria. The case dealt with a solicitation for heating, ventilation and air conditioning upgrades at a university building. The bidder’s tender was rejected for failing to demonstrate that it had successfully performed a contract of similar size, scope and complexity in the prior five years since the project it relied on was the subject of another dispute between the parties. The court upheld the rejection of the bidder for failing to provide the required past experience.