Bardon Trimount and Whittier Regional Vocational and Technical School
The Invitation to Bid required the submission of a base bid and three alternates. At a prebid meeting, the owner’s engineer stated the low bidder would be determined on the base bid amount. The engineer sent written confirmation to bidders who attended the prebid meeting.
Following submission of bids, Whittier awarded the contract to the bidder whose total bid, including alternates, was low. Bardon Trimount protested on the grounds its base bid was the lowest and Whittier had committed to awarding to the low base bid at the prebid meeting.
The Attorney General ruled the information given at the prebid meeting was without legal effect. It was only provided to some bidders. To allow an Awarding Authority to provide information to some, but not all bidders, would undermine the bid statute which seeks to place all bidders on equal footing, and would allow the Authority the opportunity to favor certain bidders, which is illegal.
S&R Contracting Corporation and City of Lowell
S&R was awarded a City of Lowell contract as the lowest responsible and eligible bidder. The City later discovered S&R had engaged in violation of certain environmental laws. The City then rejected and terminated its notice of award to S&R.
The Attorney General ruled termination was proper and authorized by statute where S&R had failed to disclose those violations in obtaining its certificate of eligibility to bid.
1Under M.G.L. c. 149, §44H, bid protests on public building contracts are decided by the Attorney General.
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