Appeals Court Decision Raises Questions Regarding an Awarding Authority’s Ability to Waive Substantive Non-Statutory Bid RequirementsSeptember 30, 2011
A decision of the Massachusetts Appeals Court has raised important questions regarding an awarding authority’s ability to waive its own substantive bid requirements for a public construction project.
It is well established in Massachusetts that an awarding authority is required to reject bids that fail to comply with a substantive requirement (versus a procedural requirement) of the public bidding statutes.
Justice Trainor’s opinion may be read to suggest that an awarding authority should not, as a general matter, have unfettered discretion to waive substantive, non-statutory bid requirements.
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