More and more it seems that no Massachusetts public procurement is complete without some bid error or discrepancy. And because disappointed bidders are constantly looking for ways to invalidate a low bid, the chances are fairly high that they may spot an irregularity. The question then becomes whether that irregularity is significant enough to invalidate the low bid. This question depends on the facts of each case. That said, the decisions of the Bid Unit of the Massachusetts Office of the Attorney General (“Bid Unit”) provide helpful guidance on a wide array of issues. In one recent case, the Bid Unit addressed whether a low bidder’s failure to acknowledge an addendum justified rejection of the low bid.

Read more on page 19 of the Construction Outlook Magazine.