54 So. 3d 140
La. Ct. App.2010Background
- Lemoine challenged the Airport Commission's award of the public works contract to Harper after Harper submitted the lowest bid.
- Bids were opened on December 23, 2009; Harper bid $7,890,511.03 and Lemoine bid $7,960,946.54.
- Lemoine protested that Harper’s bid form was incomplete and lacked required completion of the bid form’s Alternates section.
- The Airport Commission rejected Lemoine’s protest on January 7, 2010; the trial court later dismissed Lemoine’s claims.
- Harper intervened claiming its bid complied with the public bid law; the court ultimately affirmed dismissal of Lemoine’s claims.
- Louisiana Public Bid Law (La.R.S. 38:2212 et seq.) and the Louisiana Uniform Public Work Bid Form govern bid validity and non-waiver of required bid-form content.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Harper’s failure to fill Alternates blanks invalidates the bid | Lemoine argues blanks render bid non-responsive. | Harper argues blanks were not required since no alternates existed. | No error; blanks not required given no alternates. |
| Whether Harper’s bid signature authorized by corporate officer was valid | Lemoine contends Thomas’s signature did not match officers on file. | Harper contends the signature identified a corporate officer per instructions. | Harper's bid properly signed by a corporate officer. |
| Whether the court could consider extrinsic evidence to validate the bid | Lemoine argues parole evidence should be irrelevant to bid validity. | Harper argues evidence beyond the bid form may be examined where necessary. | Not reached; court avoided due to ruling on signature issue. |
Key Cases Cited
- Hamp's Construction, L.L.C. v. City of New Orleans, 924 So.2d 104 (La. 2006) (public bid law not waivable; form requirements must be met)
- Broadmoor, L.L.C. v. Ernest N. Mortal New Orleans Exhibition Hall Auth., 867 So.2d 651 (La. 2004) (public bid law and non-waiver principles)
- Haughton Elevator Div. v. State Div. of Admin., 367 So.2d 1161 (La. 1979) (public policy goals of public bid law)
- Roof Tech., Inc. v. State, Div. of Admin., Office of Facility Planning and Control, 29 So.3d 621 (La. App. 1 Cir. 2009) (interlineations and signature requirements can mandate bid rejection)
- Beverly Constr. Co., L.L.C. v. Parish of Jefferson, 979 So.2d 551 (La. App. 5 Cir. 2008) (returning bid package in entirety; completeness of bid packet)
- Broadmoor, L.L.C. v. Ernest N. Mortal New Orleans Exhibition Hall Auth., 867 So.2d 651 (La. 2004) (reaffirmation of non-waiver principle under public bid law)