264 P.3d 388
Idaho2011Background
- City of Lewiston advertised for bids to replace a golf course irrigation system; required bidders to hold an Idaho public works license and specific experience.
- Hillside sent a letter requesting Category B prequalification if experience qualifications were required; City refused.
- Bids were submitted; Hillside bid lowest but deemed non-compliant for lacking required experience; Landscapes Unlimited was awarded.
- Hillside filed suit seeking injunctive, declaratory relief and damages; district court found City complied with bidding statutes and dismissed.
- Contract was awarded and project completed; Hillside argued for damages and City sought attorney fees; district court denied most requests.
- Court later vacated the district court judgment and remanded for proceedings consistent with its interpretation of Category A vs Category B.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Under Category A, can a city disqualify a bidder for lack of experience? | Hillside argues Category A allows rejection only for license, bid compliance, or apparent noncompliance. | City argues Category A permits considering any factor that determines qualification. | No; Category A restricts to license, administrative compliance, and lowest qualified bid; lack of experience cannot be used in Category A. |
| Is the case moot after contract award and project completion? | Hillside contends ongoing damages claim survives despite mootness. | City argues mootness since contract completed and injunction moot. | Not moot because damages claim survives independent of injunction. |
| Should attorney fees on appeal be decided before remand? | Hillside seeks fees under 12-117 and 42 U.S.C. § 1988. | City requests fees if prevailing party; issue premature. | Premature to determine prevailing party; remand appropriate for further proceedings. |
Key Cases Cited
- State v. Rogers, 140 Idaho 223 (2004) (mootness and justiciability framework)
- Neilsen & Co. v. Cassia and Twin Falls County Joint Class A School District No. 151, 96 Idaho 763 (1975) (damages when bid void and amended pleadings seek recovery)
- Beco Const. Co., Inc. v. Idaho Falls, 124 Idaho 859 (1993) (discretion to determine responsible bidder prior to bidding)
- Seysler v. Mowery, 29 Idaho 412 (1916) (factors for bidder responsibility and contract award)
- Davaz v. Priest River Glass Co., Inc., 125 Idaho 333 (1994) (statutory interpretation; exclusive list of prequalification standards)
- State v. Mercer, 143 Idaho 108 (2006) (statutory construction; give effect to all words)
- In re Winton Lumber Co., 57 Idaho 131 (1936) (statutory interpretation and avoidance of redundancy)
