COMMONWEALTH V. YAMAHA MOTOR MANUFACTURING CORP OF AMERICAN
CIVIL PROCEDURE: STANDING (GOVERNMENT CONTRACTS)
PUBLISHED: 395 AFFIRMING; OPINION WRITTEN BY – LAMBERT
DATE RENDERED: 11/1/2007
Held that participants in a bidding process for public contracts have sufficient interest to seek relief where the process is infected with fraud or dishonesty. To that end, a disappointed bidder or competitor may challenge the award of a public contract to another bidder upon a showing of fraud, collusion or dishonesty. Standing requires that a party have "a judicially recognizable interest in the subject matter of the suit." Enactment of the Kentucky Model Procurement Code (KMPC) effected substantial change. As recognized by this Court in the KMPC has changed the rules of the game, providing access not previously available to challenge and investigate the propriety of government purchasing contracts.
Digested by Michael Stevens