Administrative Law

Editor:
Daniel R.E. Jordan, Esquire

State purchasing decision affirmed. Public Communications Services, Inc., et al vs. Simmons, Commissioner of Administration, et al., Nos. 74740 and 74769 (Mo. App. W.D., September 24, 2013), Ahuja, J.

Unsuccessful bidder challenged State purchasing decision, claiming that State violated its own “all or nothing” provision.

Held
: Statutes governing bidding process require standard specifications. Mandatory and optional terms of bid were part of request for proposal, which was part of award “All or none” acceptance referred only to mandatory components. Some elements of bid are difficult to numerically evaluate, so are subject to subjective evaluation. State’s decision by non-contested case award is subject to de novo review in circuit court. Unsuccessful bidder has no standing to challenge award except on procedural grounds. Circuit court’s decision is subject to review in court of appeals.