Administrative: Government Contracts-Injunctive Relief-Standing

Staff Report//April 15, 2019//

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Plaintiff appealed the dismissal of its petition for declaratory and injunctive relief. Plaintiff previously held a contract to provide computer services to defendant. Plaintiff filed a bid-protest letter to defendant’s request for proposal for a replacement contract, arguing that calculation methods constituted an unpromulgated rule. The trial court dismissed plaintiff’s challenge for lack of standing and failure to state a claim.

Where plaintiff failed to plead that it was denied a fair opportunity to participate in the bidding process or that other bidders were given an unfair advantage, it insufficiently alleged its standing to challenge defendant’s RFP.

Judgment is affirmed.

World Wide Technology Inc. v. Office of Administration (MLW No. 73043/Case No. WD81815 – 16 pages) (Missouri Court of Appeals, Western District, Gabbert, J.) Appealed from Circuit Court, Cole County, Beetem, J. (Charles W. Hatfield, for appellant) (Craig H. Jacobs and Joseph P. Bednar, Jr., for respondent)