In an October 2007 decision, a Massachusetts Superior Court affirmed the power of an awarding authority to set forth detailed and stringent requirements in contract documents in order to achieve project goals.

As long as there is a rational basis for requiring such prerequisites, an awarding authority has discretion to reject bidders that do not comply with such stringent requirements. Contractors should be aware of contractual requirements when bidding on such a project. If the contract documents call for certain prerequisites, a contractor must be able to demonstrate that it complies with the contractual prerequisites.

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