FACTS AND PROCEDURAL HISTORY On June 18, 2010 Baton Rouge ﬁrst published a “Notice to Contractors” soliciting bids for Project Number O9-PS-BD-0037, known as “Standby Generator Installations for Sewer Liﬁ Stations.” The notice to contractors stated that “for bidding, Contractors must hold an active license issued by the Louisiana State Licensing Board for Contractors in the classiﬁcation of ‘Municipal and Public Works Construction’.” (Emphasis added.) Bids were to be submitted prior to 2:00 pm. on July 29, 2010. RMD and Crawford submitted bids for the project. RMD was the lowest bidder but was not approved for the “Municipal and Public Works Construction” classiﬁcation until sometime on the day of the bid opening, during a meeting of the Louisiana State Licensing Board for Contractors (the Licensing Board.)
Nevertheless, on August 11, 2010 the Baton Rouge Metropolitan Council (Metro Council) voted to award the contract to RMD. Crawford filed suit for a temporary restraining order and injunctive relief, seeking to enjoin Baton Rouge from awarding the project to RMD, and for a declaratory judgment and mandamus, seeking to declare Crawford the lowest, “responsive bidder” and to be awarded the project. Crawford alleged that RMD was not a “responsive bidder” because at the time that it submitted its bid it did not hold an active license with a “Municipal and Public Works Construction” classiﬁcation. Following a hearing, the trial court rendered judgment in favor of Crawford. RMD and Baton Rouge appeal.
RMD, in its assignments of error, alleges that the trial court erred: in conducting a de novo review of an agency decision as opposed to applying the arbitrary and capricious standard of review; in placing the burden of proof on Baton Rouge, the defendant, and RMD, the intervenor, instead of Crawford; in admitting a digital recording of the Licensing Board’s meeting of July 29, 2010 for the purpose of establishing the time of the approval of RMD’s license classiﬁcation; and in ﬁnding that Crawford supported its claims by a preponderance of the evidence.
Judge(s): Jefferson D. Hughes III
Jurisdiction: Louisiana Court of Appeals, First Circuit
Related Categories: Civil Remedies , Contracts , Government / Politics
|Trial Court Judge(s)|
|Court of Appeals Judge(s)|
|Jefferson Hughes, III|
|Intervenors Lawyer(s)||Intervenors Law Firm(s)|
|Appellant Lawyer(s)||Appellant Law Firm(s)|
|Appellee Lawyer(s)||Appellee Law Firm(s)|