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Alabama Bid Law????

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toddwright

Guest
What is the name of your state? ALABAMA
My company recently was the lowest bidder for computer equipment to a state agency. This was a sealed bid and no specifications were included other than what was in the bid itself. The Agency awarded the bid to another company (whose bid was $2000 MORE than mine) stating reasons of incompatibility issues with our system. They consulted with a CLOSE business associate to the "other" company (the one that was awarded the bid) to come up with this bogus reasoning of not awarding the bid to the rightful winner. I have talked to the director of the state agency in question and he consulted with his legal counsel and told me yesterday that they wanted to know what it would take to settle this because they did (and could not)allow this to "get out". I turned the question of settling this matter around to the director and ask him what he thought his punishment should be and his response was a "sincere apology from the director". Well......that isn't going to cut it. These people broke the Alabama Bid Law and I don't know how many other bids they have treated this way. Anyone know any legal precedence in a situation of violation of State Bid Laws?
 


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hexeliebe

Guest
this is what you need

§ 41_16_25. Price_fixing agreements or collusion.


Any agreement or collusion among bidders or prospective bidders in restraint of freedom of competition by agreement to bid at a fixed price or to refrain from bidding or otherwise shall render the bids of such bidders void. Each bidder shall accompany his bid with a sworn statement that he has not been a party to such an agreement.


§ 41_16_31. Injunctions.


Any taxpayer of the area within the jurisdiction of the awarding authority and any bona fide unsuccessful bidder on a particular contract shall be empowered to bring a civil action in the appropriate court to enjoin execution of any contract entered into in violation of the provisions of this article.

The specific statute for your state is located at http://www.purchasing.state.al.us/codeofala.htm
 
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toddwright

Guest
so, basically as long as the circumstance went down exactly as I stated inmy origianl post (which it did).....not only do I have right to a lawsuit BUT a pretty darn good chance of winning one????
 
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toddwright

Guest
thanks for the help.....should I find an attorney that specializes in "government law" or will a general attonry do?
 
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hexeliebe

Guest
all I can tell you is how I would do this

I would do a search for lawsuits filed against the specific department you have the issue with. Find out the results and the attorney of record and contact them about your case.

If you can't do that, a general contract law attorney should be able to handle it for you or if one attorney specializes in government issues use them.

good luck
 

Lavalamp

Junior Member
Howdy,

I also have an interest in this case.

According to my research, we can almost certainly overturn the bid. We can almost certainly make them return the equipment they already installed and make them order the stuff from us (they are actually scared that this is what we will want).

But I'm not sure I want to do that. We twice gave this agency the opportunity to give us their idea of a fair settlement of this case. We probably would have accepted just about anything that was remotely genuine and fair. But the best these idiots could offer was a "sincere apology" so now I am mad.

I want blood. More importantly, I want MONEY from the corrupt individual(s) who heads this state-funded organization. I want it to hurt them and help me so much that they will never even think of screwing another company like they screwed mine.

So, I've talked to enough people and have done enough research to know we have a case against them. But do we have a punitive case? Can we sue for bucks instead of just an overturn of the wrongly-awarded bid? If so, how much is "fair" for a bid for under $12k?

Thanks!
 
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hexeliebe

Guest
stop getting mad

and get moving. The question of punitative damages is up to the judge so I would suggest that you get to an attorney and get things started.
 

Lavalamp

Junior Member
Thank you.

You suggested doing a search for lawsuites brought against this agency to find the attorney of record and consult them. Sounds like a good start.

Where would one perform such a search?

Thanks
 
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hexeliebe

Guest
there are several places

but I would start at www.findlaw.com

if you want to know of any suits brough against the department do a yahoo or google search like this

department name v.

that will help you narrow your search
 

lwpat

Senior Member
Your actual damage is the lost profit from the sale and you will need to properly document that amount. This is the sum I would demand from the agency. If they refuse then you would have to sue. Punitive damages would depend on the court and the laws in your state and are probably unlikely.

Do you know any of the legislators from your district? I would contact them and possibly the newspaper. When dealing with bureaucrats publicity is you biggest ally. Damages mean nothing to them since it is the taxpayer's pocketbook. A court case could take several years and only you can decide if it is really worth the time and expense involved.
 

Lavalamp

Junior Member
Yeah, the newspaper would be interested. This is a small town and there's been lot's of anger towards the leaders of the community due to "good ol' boy" networks and favors to people at the expense of the taxpayer.

There have been deals smaller than this that get headlines here.

I've found it hard NOT to go to the papers about this. However, I consider that a "last resort" measure. I don't want to bring out the Weapons of Mass Destruction until I am forced to. ;)

I've considered simply asking them to give me the profit I would have gotten from the sale of the equipment. I think they would agree to that. On one hand, that would seem to be the most fair. On the other hand, I sure would hate like hell to read a headline sometime in the fure where this agency did this to another company, sued, and one a few thousand of a few dozens of thousands. I owe my company at least a good try at getting blood from these corrupt people.

In any case, I'll post the results here at some point. Thank you all for your help!
 

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