PRECISION COMMUNICATIONS, INC. v. Hinds County
74 So. 3d 366
| Miss. Ct. App. | 2011Background
- HCBS sought grants to repair/replace non-functioning sirens; PC assisted with estimates for the grant application.
- HCBS published a bid solicitation to replace up to 51 sirens; bids due Aug 22, 2008 with an electronic process Aug 27, 2008.
- PC submitted sealed specs without pricing and bid via BidBridge; seven bids were received.
- HCBS awarded the contract for ten sirens to EDNS after a special meeting bid review, despite opposition from PC’s McCreary.
- PC filed a notice of appeal in Nov. 2008 and sought a stay; a later grant of stay was denied and EDNS began performance.
- In Sept. 2009, HCBS moved to dismiss as moot because it chose to rebid; the circuit court remanded to reconsider bids; HCBS later rejected all bids and rebid; PC’s appeal became moot and was dismissed; PC appeals.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Authority of remand for reconsideration | PC argues circuit court lacked remand authority | HCBS and circuit court contend remand is permissible to reconsider bids | Remand permitted; mootness follows from rebid then affirmance |
| Effect of remand on appeal’s mootness | Remand preserves case on merits | Remand leads to mootness when rebid occurs | Mootness upheld; appeal dismissed as moot after rebid |
| Statutory remedy under §11-51-75 | Court should render the board’s decision in Precision’s favor | Court may remand or reopen bidding as appropriate | Statutory framework allows remand/rebid; not required to award to PC |
| Authority to reopen bidding process | HCBS violated exclusive remedy by not awarding to PC | Reopening bidding is permissible if none of bids are acceptable | Circuit court could have ordered reopen; remand to reconsider did not error |
Key Cases Cited
- Preferred Transport Co., LLC v. Claiborne County Board of Supervisors, 32 So. 3d 549 (Miss. Ct. App. 2010) (circuit court may order reopening when improper factors influenced award; statutorily authorized remand possible)
- Alford v. Miss. Div. of Medicaid, 30 So. 3d 1212 (Miss. 2010) (mootness when no live controversy remains)
- Bailey v. Beard, 813 So. 2d 682 (Miss. 2002) (remand for reconsideration of damages in appellate review)
- Ferrill v. Miss. Employment Sec. Comm'n, 642 So. 2d 933 (Miss. 1994) (remand for reconsideration in proper context)
- Howard v. Howard, 913 So. 2d 1030 (Miss. Ct. App. 2005) (remand for reconsideration in custody matters)
- Burgess v. Trotter, 840 So. 2d 762 (Miss. Ct. App. 2003) (remand for reconsideration of disputed issue)