No Grounds to Challenge Competitor's Below-Cost Bid

A second-low bidder cannot challenge the allegedly below-cost bid of the low bidder. Acceptance of that bid by the procuring agency is an affirmative responsibility determination. And, sealed bids – unlike negotiated procurements – are not subject to mandatory price realism analysis.

The Construction Claims Advisor summary of this case is available to ConstructionPro Network members and includes:

• The citation for the case (case name, case number, and date filed)
• An overview of the case
• Background information about the case
• A summary of the ruling
• A summary of the court’s conclusion and the resulting outcome
• Editor's commentary
• A link to the complete PDF copy of the original opinion