Enmon Enterprises, L.L.C. v. City of New Orleans ex rel. New Orleans Aviation Board
76 So. 3d 548
La. Ct. App.2011Background
- NOAB sought bids for an Airport Facilities Janitorial Services Contract for Louis Armstrong New Orleans International Airport.
- NOAB advertised bids in 2008; January 2009 bid opening included SLDBE and unit price requirements.
- TMG Consulting found widespread responsiveness issues including SLDBE form failures and calculation errors.
- Jani-King’s bid appeared lowest among the conditionally responsive bids but contained unit-price and rounding errors.
- NOAB ultimately rejected all bids and re-advertised after a March 2009 decision.
- Judicial review followed, with the trial court denying mandamus and this court affirming.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether NOAB had just cause to reject all bids | Jani-King asserts lowest bid; argues no just cause to reject all bids | NOAB contends bid noncompliance and errors justify rejection | Yes; NOAB had just cause to reject all bids |
| Whether extension with Jani-King affected entitlement to award | Jani-King argues extension mandates award | NOAB asserts extension does not compel award; must still meet requirements | No; extension does not require awarding the contract to Jani-King |
| Whether mandamus should issue to compel award | Jani-King seeks mandamus to compel award | NOAB’s discretionary bid process and lack of strict compliance justify denial | No; mandamus relief denied; no abuse of discretion |
Key Cases Cited
- Hamp’s Construction, L.L.C. v. City of New Orleans, 924 So.2d 104 (La. 2006) (requirements in bid advertisement and bid form not waivable; substantial compliance insufficient)
- Broadmoor L.L.C. v. Ernest N. Mortal New Orleans Exhibition Hall Authority, 867 So.2d 651 (La. 2004) (requirements not waivable; no deviation from bid documents allowed)
- New Orleans Rosenbush Claims Service, Inc. v. City of New Orleans, 658 So.2d 538 (La. 1995) (extension mechanics and need to act within statutory timeframes)
- Ferguson v. Sugar, 988 So.2d 816 (La. App. 4th Cir. 2008) (support for denial of mandamus where discretion not abused)