American Case Law

Managing Fair Evaluations – NY State Feature

By Paul Emanuelli Fair evaluations are a core requirement of the public tendering process. Featuring a series of bid protest determinations from the New York Office of the State Comptroller, this session will provide key insights for purchasing professionals across [...]

Re-Evaluation Ordered Due to Inadequate Records

By Paul Emanuelli In its April 2017 decision in Verdi Consulting, Inc., the GAO ordered the re-evaluation of a financial services tender after finding inadequate evaluation records. As the GAO stated, “Although an agency is not required to retain every [...]

GAO Orders Retender After Improper Cancellation

By Paul Emanuelli In its January 2017 decision in Walker Development & Trading Group, Inc., the GAO found that the government failed to provide proper reasons for the cancellation of a tendering process. The complainant brought a challenge after responding [...]

Contract Struck Down Due to Expiry of Bid Validity

By Paul Emanuelli In its February 2017 decision in The DRS Group v. County of Union, the New Jersey Superior Court struck down a contract award after the county failed to properly extend the winning contractor’s bid validity period. The [...]

Re-Evaluation Ordered Due to Flawed Pricing in Bid

By Paul Emanuelli In its June 2017 decision in Red River Computer Company, Inc., the GAO ordered a re-evaluation after finding inconsistencies in the competing price offers. The case dealt with a Request for Quotations for enterprise-wide computing and cloud [...]

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 [...]

Court Lifts Stay on Award After Finding Compliant Bid

By Paul Emanuelli In its March 2017 decision in Agate Construction v. New Jersey, the New Jersey Superior Court, Appellate Division lifted the suspension of a contract award after finding that the selected bid was compliant. The case dealt with [...]

Bid Using Parent Company Financials Ruled Compliant

By Paul Emanuelli In its July 2017 decision in Suburban Disposal, Inc. v. City of Camden, the New Jersey Superior Court upheld a contract awarded to a bidder that used the consolidated financial statements of its parent company to meet [...]

GAO Orders Redraft of Restrictive Tanker Specifications

By Paul Emanuelli In its November 2017 decision in Global SuperTanker Services, LLC., the GAO ordered the redraft of a solicitation after finding that the government was unable to defend the challenged specifications. The case dealt with an RFP for [...]