Incumbent Advantage

Unfair Incumbent Advantage in DOJ Evaluation

By Paul Emanuelli In its January 2016 decision in Arctic Slope Missions Services, LLC, the GAO found that the Department of Justice gave preferential treatment to a professional support services incumbent and placed unfair emphasis on past corporate experience. As [...]

Minnesota Court of Appeal Orders Trial on Bias Claim

By Paul Emanuelli In its August 2015 decision in Rochester City Lines v. City of Rochester, the Minnesota Court of Appeals determined that the losing incumbent’s allegations of a biased bidding process should proceed to trial. While the Court of [...]

New York Supreme Court Rejects Incumbent Challenge

By Paul Emanuelli In its August 2015 decision in Airport Mart, Inc. v. Westchester County, the New York Supreme Court dismissed the legal challenge of an incumbent airport concession contractor. Rather than extending the existing lease, the county had initiated [...]

Mounties Busted for Improper Disclosure

By Paul Emanuelli In its April 2014 determination in Alcohol Countermeasure Systems Corp. v. Royal Canadian Mounted Police, the Canadian International Trade Tribunal found that the Royal Canadian Mounted Police breached its open and fair competition duties under the trade [...]

Court Awards $40 Million Due to Flawed Disclosure and Unfair Incumbent Advantage

By Paul Emanuelli In its April 2013 decision in Envoy Relocation Services Inc. v. Canada (Attorney General), the Ontario Superior Court of Justice found the government of Canada liable for having unfairly favoured the incumbent service provider over competing bidders [...]

New Zealand Government Defends Low Bid Bypass

By Paul Emanuelli In its December 2012 decision in Bayline Group Ltd v. Secretary of Education, the High Court of New Zealand rejected a bid challenge for lack of public interest after finding that the government’s low bid bypass was [...]

Tribunal Rejects Biased Criteria Claim in De-Icing Tender

In two related January 2012 determinations indexed as Almon Equipment Limited v. Department of Public Works and Government Services, the Canadian International Trade Tribunal rejected an unsuccessful bidder’s unfair advantage complaints. The first complaint, in which the bidder claimed that [...]

Council’s Low Bid Bypass Struck Down by Court

By Paul Emanuelli In its July 1950 decision in County of Pensacola v. Kirby, the Florida Supreme Court struck down a parking meter maintenance services contract award made by the City of Pensacola. The court found that the City had [...]