A court of appeal case published on August 31, Great West Contractors, Inc. v. Irvine Unified School District, refined the rules for public agencies evaluating bids submitted for a low-bid contract by clarifying the distinction between bidder responsiveness and bidder responsibility.  In short, bidder responsiveness can only be determined on the face of the bid, and the rejection of a bid based on information obtained from an investigation external to the bid must be evaluated as an issue of bidder responsibility.  The court also made several observations about the apparent favoritism of the School District in attempting to award the contract to the third low bidder.   Please read on for a discussion of the case.   


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New York City recently awarded a contract for the installation of bus shelters, newsstands and toilets to Cemusa, a Spanish company, under which the City will receive over $1 billion in revenue over 20 years.  Two unsuccessful proposers, NBC Decaux and Clear Channel Communications, have sued to challenge the award, however.  They argue that the City unfairly coached Cemusa to