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FIRST CIRCUIT CLARIFIES REQUIREMENTS FOR PUBLIC BID LAW
Published on: November 6, 2015
In Dynamic Constructors, L.LC. v. Plaquemines Parish Gov't, 15-0271 (La. App. 4 Cir. 8/26/15), 173 So. 3d 1239 (La. Ct. App. 2015), reh'g denied (Sept. 14, 2015), a contractor filed a preliminary injunction seeking to enjoin a parish government from awarding a public contract to another bidder. After awarding the contract to Dynamic, the lowest bidder, the parish rescinded the award. The parish contended that the bid was not responsive because it did not contain written evidence of the authority of the person signing the bid, as required by the Public Bid Law.Dynamic argues that the signature of the LLC member indicated that he was the "owner" of Dynamic and that the Public Bid Law does not require that the bidder provide the pertinent record of the Secretary of State, only that the person signing the bid be a member of the business entity submitting the bid. The Fourth Circuit disagreed and found that the Public Bid Law requires written evidence of authority to be submitted with the bid substantiating that the signatory is a member of the company or an authorized representative. As such, the Dynamic court found a failure to comply with the Public Bid Law; the parish correctly rescinded the bid.
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