Barr Inc. v. Town of Holliston
967 N.E.2d 106
Mass.2012Background
- Holliston town sought bids for a $4.9M police station; Barr submitted the lowest bid but was deemed not a responsible bidder under G. L. ch. 149, §44A(2)(D); award to next-lowest bidder Statewide; town based its finding on DCAM file and independent internet and local investigations; detective Todd gathered information from eight municipalities to assess Barr’s past performance; April 2008 town committee found Barr not responsible; Barr sued seeking declaratory and injunctive relief; Superior Court denied summary judgment; case was reported to Appeals Court; issue focused on whether the town could conduct independent investigations beyond DCAM’s records; ultimately the court affirmed the judgment allowing such investigations and held town did not exceed statutory authority.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Can an awarding authority conduct independent investigations beyond DCAM records? | Barr contends no; restrictions exist to DCAM files. | Holliston argues statutory framework allows independent inquiries. | Yes, authorities may investigate beyond DCAM files. |
| Does DCAM certification alone determine bidder responsibility? | Barr argues certification suffices; no broader inquiry. | State argues DCAM file plus update statements; independent info allowed. | No blanket ban; independent information permissible. |
Key Cases Cited
- Ward v. Peabody, 380 Mass. 805 (Mass. 1980) (reform of bidding statutes; concerns about corruption in construction contracts)
- Fordyce v. Hanover, 457 Mass. 248 (Mass. 2010) (pre-1980 vs post-1980 statutory framework; responsibility standards)
- Capuano, Inc. v. School Bldg. Comm. of Wilbraham, 330 Mass. 494 (Mass. 1953) (preference for lowest responsible bidder; awarding authority duties)
- Brasi Dev. Corp. v. Attorney Gen., 456 Mass. 684 (Mass. 2010) (statutory framework; DCAM certification and bidder information as guardrails)
- Interstate Eng’g Corp. v. Fitchburg, 367 Mass. 751 (Mass. 1975) (equal footing of bidders; competition fairness)
- John T. Callahan & Sons v. Malden, 430 Mass. 124 (Mass. 1999) (equal playing field in bidder evaluation)