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Supreme Court of Ohio

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May Unsuccessful Bidder on Public Contract Sue State to Recover Costs of Bid Preparation?

Or Are 'Disappointed' Bidders Limited to Injunctive Relief?

Meccon, Inc., et al. v. University of Akron, Case no. 2009-0950

10th District Court of Appeals

ISSUE: When a vendor's bid on a state or local government contract is unsuccessful, and the vendor pursues legal action against a government entity for alleged irregularities in the bidding or award of the contract, is the 'disappointed' bidder limited to seeking an injunction to stop execution of the contract, or may that party also seek money damages to recover its bid preparation costs?