Livingston Procurement Law
Case Studies
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Livingston Procurement Law defends the $600,000 Box Turtles
 
The Maryland State Highway Administration (SHA) Intercounty Connector requests for proposals established the importance of protecting the environment, especially rare box turtles, among the technical criteria for selection.

There were two proposals, the low one priced at $559,073,500 and the other priced $672,000 higher (a price difference of .12%). SHA selected the higher priced proposal, primarily because its construction methods were more environmentally sensitive. Among other things, it called for temporary removal of the turtles to a safe concrete pen. The contractor promised to attach transponders to the turtles so SHA could keep track of their movements and survival. The box turtles are to be returned to their habitat after completion of the elevated highway.

The lower-price proposer filed a bid protest. SHA denied it, on grounds that technical superiority of the higher-priced proposal (and turtle survival) was worth the extra $672,000. The Maryland State Board of Contract Appeals affirmed.

 
Appeal of FTS, 2009, MSBCA decision
 
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