SJJC Aviation Services, LLC v. City of San Jose

A plaintiff that submitted a non-responsive bid lacked standing to challenge the award of a public contract to a different bidder.  An unsuccessful bidder on a public contract lacked standing to bring a writ of mandate to challenge the award of the contract to another bidder because the plaintiff’s bid was undeniably non-responsive to the awarding entity’s request for proposals.  While there is an exception to the standing requirement allowing persons to challenge administrative decisions on behalf of the public, the exception is discretionary with the courts and depends on the seriousness of the alleged error and other factors, among which is that a plaintiff primarily pursuing its individual interest may be denied standing on behalf of the public.

California Court of Appeal, Sixth District (Elia, J.); May 24, 2017 (published June 20, 2017); 12 Cal. App. 5th 1043

Advertisements

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s