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SUCCESSFUL BID PROTEST BASED ON IMPERMISSIBLE COMMUNICATIONS BY APPARENT LOW BIDDER

The firm’s client was the second low bidder on a roughly $29 million dollar public works project. The firm filed a bid protest of the apparent low bidder contending the bidder must be disqualified because of certain emails and phone calls between the low bidder and the public entity prior to the bid submission date uncovered during a Public Records Act request. The firm successfully argued the public entity must disqualify the low bidder based on an express prohibition of such communications in the public entity’s bid documents. The public entity granted the protest, disqualified the low bidder, and awarded the project to the firm’s client.

Counsel: Daniel P. Scholz and Matt D. Seeley

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