Articles Posted in Government Contracts

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The Supreme Court reversed the decision of the court of appeals declaring the City of Rochester’s competitive bidding process and the resulting contract awarded to First Transit invalid. The City owned a fleet of buses operated by First Transit, Inc. since 2012. Until 2012, those buses were operated by Rochester City Lines Company (RCL). In the instant case, RCL challenged the City’s competitive bidding process, which resulted in the bus operation contract being awarded to First Transit. The City’s appointed moderator rejected RCL’s protest. The court of appeals, however, ruled that the City’s request for proposals (RFP) appeared impermissibly biased against RCL. The Supreme Court reversed and remanded the case, holding that RCL forfeited any appearance-of-bias argument. View "Rochester City Lines Co. v. First Transit, Inc." on Justia Law

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The Supreme Court reversed the decision of the court of appeals declaring the City of Rochester’s competitive bidding process and the resulting contract awarded to First Transit invalid. The City owned a fleet of buses operated by First Transit, Inc. since 2012. Until 2012, those buses were operated by Rochester City Lines Company (RCL). In the instant case, RCL challenged the City’s competitive bidding process, which resulted in the bus operation contract being awarded to First Transit. The City’s appointed moderator rejected RCL’s protest. The court of appeals, however, ruled that the City’s request for proposals (RFP) appeared impermissibly biased against RCL. The Supreme Court reversed and remanded the case, holding that RCL forfeited any appearance-of-bias argument. View "Rochester City Lines Co. v. First Transit, Inc." on Justia Law

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The City of Rochester contracted with Rochester City Lines, Co. (RCL) for more than thirty years to operate the municipal bus service in Rochester. In 2011, the Federal Transit Administration informed the City that, in order to continue to receive federal funding, the City needed to initiate a competitive bidding process for its next contract. During the City's ensuing bidding process, RCL filed a lawsuit against the City, claiming that the City’s actions were an unconstitutional taking of RCL’s property. The City subsequently awarded the contract to First Transit, Inc. RCL subsequently amended its complaint to add claims against members of the City Council and First Transit. The district court granted summary judgment to Defendants on each of RCL’s claims. The court of appeals affirmed. The Supreme Court affirmed in part, reversed in part, and remanded, holding (1) RCL presented sufficient evidence to create a genuine issue of material fact on the question of whether the City awarded the contract to First Transit based on an unfair and biased process; and (2) the district court properly granted summary judgment on the remainder of RCL’s claims. View "Rochester City Lines, Co. v. City of Rochester" on Justia Law