Preview:

Barr Inc. v. Town of Holliston Opinion Summary: This case stemmed from the town's solicitation of bids for the construction of a new police station. Barr Inc. submitted the lowest bid but the town determined that Barr was not a "responsible and eligible bidder," and that the contract should instead be awarded to the next-lowest bidder. Under G.L.c. 149, 44A(2)(D), contracts for the construction of public buildings estimated to cost above $100,000 "shall be awarded to the lowest responsible and eligible general bidder." At issue was whether, when an awarding authority was making a determination as to bidder responsibility, it was constrained to look only at materials compiled as part of the Department of Capital Asset Management's (DCAM's) contractor certification process. The court concluded that the competitive bidding statute placed no such restriction on awarding authorities. Therefore, the court could not conclude that the town exceeded its statutory authority by conducting an investigation into Barr's performance in past projects.
BARR INCORPORATED vs. TOWN OF HOLLISTON.
SJC-10899.
January 4, 2012. - May 3, 2012.
Public Works, Bidding procedure. Contract, Public works, Construction contract, Bidding for contract.

CIVIL ACTION commenced in the Superior Court Department on April 16, 2008.

The case was heard by Christopher J. Muse, J., on a motion for summary judgment, and was reported by him to the
Appeals Court.

The Supreme Judicial Court on its own initiative transferred the case from the Appeals Court.

Michael P. Sams for the plaintiff.

David J. Doneski for the defendant.

James L. Rudolph & Robert E. Curtis, Jr., for Associated Builders and Contractors, Inc., amicus curiae, submitted a
brief.

Martha Coakley, Attorney General, & Karla E. Zarbo, Assistant Attorney General, for the Attorney General & another,
amici curiae, submitted a brief.

Present: Ireland, C.J., Spina, Cordy, Botsford, Gants, Duffly, & Lenk, JJ.

LENK, J.

Contracts for the construction of public buildings estimated to cost above $100,000 "shall be awarded to the lowest
responsible and eligible general bidder." G.L. c. 149,

Download sjc-10899.pdf

Massachusetts Law