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Public Project Owner Liable For Sole-source Spec Plans And Specifications; Damages

Saturday, July 03, 2004 01:34 pm

 
Public Project Owner Liable For Sole-source Spec Plans And Specifications; Damages

An Indiana court has ruled that a public project owner could be held liable under the state anti-trust statute for colluding with a supplier to include a sole-source specification in a bid package.

The Brownsburg Community School Corp. was preparing to solicit bids for a school construction project which included a swimming pool. Brownsburg's architect, Schmidt Associates, retained Spear Corp. as pool design consultant. Spear was a distributor for Myrtha Pools USA, a manufacturer of prefabricated pools.

The pool specifications contained in the bid package included features unique to Myrtha p [...]

 
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