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The Legality of Holding a Grudge in Public Procurement

As published in Northern Construction Connection January 2020 Newsletter and in CBA Municipal Law Section

Due to the large volume of purchasing conducted by public entities, the likelihood of purchasing from the same pool of vendors raises the challenge of potentially selecting a bidder with whom they are (or have been) embroiled in a dispute. A strategy that some public entities have used to address this issue is to adopt the practice of including in their procurement documents a term that excludes from the bidding process those entities that are (or have been) engaged in legal proceedings against the public body, commonly referred to as a “reprisal cause”…

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