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Bid Omissions and Bidder Responsibility


First and foremost, we hope that you and your families remain safe and healthy during this uncertain time. During the COVID-19 pandemic, the Bid Unit of the Massachusetts Office of the Attorney General (the “Bid Unit”) has continued to investigate bid issues and publish bid protest decisions. In two recent decisions, the Bid Unit addressed deviations from non-statutory bid requirements. The awarding authorities in both cases had rejected bids on grounds that the bids failed to include certain documents. The Bid Unit determined that the awarding authority acted arbitrarily in one case, but sided with the awarding authority in the other. The different outcomes can be chalked up to the types of documents in question and the reasons for their inclusion in the bidding process.

Read more on page 19 of the Construction Outlook magazine.