案件细节在这里
原告的论点是:
HME also said the fabrication of structural steel for a stadium project is no different than that required for an airplane hangar, multi-story building, Army training center or high school building, all of which they have completed.
HME claims the university simply preferred W&W because of their experience with stadium projects. However, the law does not allow a public body to pick and choose who they deem to be better after the fact, the company’s motion states.
“Protecting the integrity of the competitive bidding system is critical. If potential bidders on public works projects lose confidence in integrity of the system and believe that the public body’s discretion can be used as a way to manipulate the awarding of contracts to favored contractors, established bidders will no longer invest the time and resources necessary to bid public work,” the motion states. “The public will then lose the benefit of the lowest competitive price. Thus, the public policy concerns override the interests of the parties in this matter.”
原告说说,如果公共机构能够用价格以外的因素来决定谁获得合同,那么竞标者将来就没有动力给公共机构一个有竞争力的价格。结果就是公众不能得到一个好价钱。所以,“这个情况下,公众利益高于各方的利益。”
