Public agencies have little, if any, discretion when awarding public contracts because they are required to award the contract to the lowest bidder, subject to certain minimum qualifications. These limitations are designed to protect the public and its financial interests, not the bidders. Losing bidders typically can contest the award only by challenging the bid itself via bid protest, or the bidding process.
Continue Reading Second-Lowest Bidder for Public Contracts May Sue Lowest Bidder Who Paid Less Than Prevailing Wages
Amanda Beckwith
Amanda Beckwith is an associate in the Labor and Employment Practice Group in the firm's San Francisco office.
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