State, Ex Rel. United McGill Corp. v. Hamilton

Plaintiff, United McGill Corporation, manufactured a pollution control device called an electrostatic precipitator (“ESP”). Defendant, Department of Administrative Services (“DAS”), had the responsibility for preparing contract specifications for the purchase and installation of ESPs at four different state facilities, and for evaluating bids received and supervising the award of contracts. Plaintiff submitted bids for ESPs for each of the four projects, but was not awarded the contracts. Plaintiff brought this action to prevent the award of contracts to the successful bidders after DAS…