In upholding the contract award, the court relied upon well-established case law, noting that the requirement of awarding public work to the lowest
responsible bidder involves considerations of skill, judgment and integrity.
Barr asked that the court declare the company to be the lowest eligible and
responsible bidder.
But the fellowship sued, saying the district had to sell to the highest
responsible bidder and was discriminating against religious broadcasters.
For Orange County, the reverse auction, which would take the lowest,
responsible bidder for the purchase, comes at a time when a new middle school is set to be open in August.
of Putnam, finding the company was not a
responsible bidder.
At the time, trustees said they believed that decision would comply with state law, which specifies that any school assets must be sold to the "highest
responsible bidder."
Unlike private projects where a set team of participants may be custom crafted to a project, the government must accept the lowest
responsible bidder or bidders (on multi-phase projects).
The group considering the action, the Construction Industry Council of Westchester and Hudson Valley (CIC), claims the city will violate the long-standing General Municipal Law requiring public agencies to award work to the lowest
responsible bidder if the department gives the contract to a joint venture that submitted a higher bid price for the work.
While the law says |the lowest
responsible bidder,' Coletti acknowledged that in this environment it is difficult for a public official to say, |I am rejecting this because it is the low bid.' He believes, therefore, that what is needed today is strong and courageous decision making in government.