Independent Investigation of Bidders Permissible

In 2012, the outstanding legal defense provided by attorney David Doneski to the Town of Holliston resulted in the landmark decision by the Supreme Judicial Court in Barr Incorporated v. Town of Holliston, 462 Mass. 112 (2012). The importance of this decision is underscored by the featured section in today’s City and Town publication of the Massachusetts Department of Revenue’s Division of Local Services, which notified all cities and towns of the Commonwealth of the high significance of this decision. In Barr, the Commonwealth’s highest appellate court confirmed that municipal construction contract awards are not confined in all cases to the lowest bidder, and that awards may be based on other information in addition to the bidder’s certification file maintained by DCAM and the information listed in the bidder’s own update statement submitted with its bid. To read DOR’s analysis of this decision, click HERE and scroll down to the section entitled, “Independent Investigation of Bidders Permissible.”