Catamount Construction, Inc. v. Town of Pepperell

While the defendants may be correct in their contention that the decision as to which bidder was the lowest responsible and eligible bidder under G. L. c. 30, § 39M, was a question of fact to *912be decided by the awarding authority rather than the court, see Capuano, Inc. v. School Bldg. Comm. of Wilbraham, 330 Mass. 494, 496 (1953); Modern Continental Constr. Co. v. Massachusetts Port Authy., 369 Mass. 825, 829 (1976), it is nevertheless clear from the cases cited that the awarding authority’s determination may be reviewed on allegations that it was made illegally, arbitrarily, or in bad faith.…