American Case Law

Comptroller General Overturns Award Due to Conflict

By Paul Emanuelli In its September 2017 determination in Re Transportation Resources Associates Inc., the New York Comptroller General’s Office struck down a contract award after finding that a bidder was improperly permitted to substitute a subcontractor that was in [...]

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 [...]

Court Upholds Formal Non-Compliance Rejection

By Paul Emanuelli This article is an excerpt from The Art of Tendering: A Global Due Diligence Guide, which is available for purchase. In its June 2017 decision in JPM Outlook One Limited Partnership v. Florida Housing Finance Corporation, the Florida Division of [...]

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 [...]

GAO Orders Investigation of Possible Integrity Act Breach

By Paul Emanuelli In its June 2017 decision in Dell Services Federal Government, Inc., the GAO ordered the government to reconsider a potential Procurement Integrity Act breach. The case dealt with a Request for Quotations for information technology services. A [...]

Low Bid Rejected Due to Flawed Bid Bond

By Paul Emanuelli This article is an excerpt from The Art of Tendering: A Global Due Diligence Guide, which is available for purchase. In its April 2017 decision in National Water Main Cleaning Co v. Department of Transportation, the Florida Division of Administrative [...]

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 [...]

Injunction Granted Over Allegations of Union Interference

By Paul Emanuelli In its April 2017 decision in United Services, Inc. v. City of Newark, the New Jersey Superior Court granted a temporary injunction against a tendering process for janitorial services. The plaintiff submitted a low bid that was [...]