When it Comes to Bidding, Government Agencies Have Room To Maneuver
Can a bid require that materials be made in America? Do public works agencies have to accept materials that don't meet bid specifications? Can an agency adopt safety specifications, even if they limit potential project bids? As attorneys involved in public works, we have some of the answers and they might surprise you.
We decided to write partly because some suppliers choose not to meet quality, performance and safety standards and then threaten a lawsuit or otherwise attempt to level the playing field. What can public works officials do to prevent this from happening in their next competitive bid?