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Volume 6 - Number 46 | November 24, 2008

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Recent Issues

  EDITOR'S NOTES | Issue 6-46
Last week, we brought you a case in which a mistyped e-mail address was to blame for a late bid submission. This week, a corrupt e-mail attachment is the culprit in a similar case. In this age of increased dependence on technology for day-to-day business interactions, these cases serve as good reminders to never put blind trust in technology’s reliability, especially when your business is on the line. Timely follow-up, the old-fashioned way, will never go out of style.

Because technology has expanded our abilities to communicate with the world, the business world has become much smaller, figuratively speaking. When a foreign company presents the low bid on a federal government project, should that organization be subject to the same regulations that apply to domestic firms? That is the question alluded to, but left unanswered in a bid protest involving a foreign low bidder twice reprimanded by its own government for bid rigging.

This week’s final case pits an unpaid contractor against a public entity on a mechanic’s lien. The work was performed on private property that was subsequently conveyed to a public interest. As a result, the mechanic’s lien failed.
  ELECTRONIC BID FOILED BY CORRUPT FILE ATTACHMENT
A corrupted e-mail file is the culprit for a contractor’s late bid submission. Despite the contractor’s attempt to send the e-mailed bid on time, the agency is not to blame for late delivery of the documents.
  FOREIGN COMPANY DEEMED RESPONSIBLE DESPITE PRIOR BID RIGGING
An unanswered question in a federal claims case and a foreign bidder's responsibility may leave contractors wondering if FAR rules don't apply to foreign bidders.
  LIEN COULD NOT ATTACH TO PRIVATELY FINANCED 1 USE PROPERTY
An improved private property conveyed to a public entity is exempt from a mechanic’s lien. Had the lien been filed before public conveyance and use, the lien could have attached to the property.