Opinion
No. 89-11848.
Decided August 23, 1990.
Gary Cook, for plaintiff.
Anthony J. Celebrezze, Jr., Attorney General, and Teri Jo Ravetto, Assistant Attorney General, for defendant.
This cause presents a challenge to awards of certain competitively bid public contracts.
In June 1989, defendant Ohio Department of Administrative Services ("DAS") issued invitations to bid upon the provision and installation of office furniture for the Industrial Commission and the Attorney General. Participation in the bidding was to be specially limited to certified minority contractors. In response, plaintiff Kent Design Group, Inc. submitted bids upon both projects. The contracts were ultimately awarded to vendors other than Kent Design Group, Inc. and, thereafter, the respective agencies entered into contracts with the successful bidders.
On September 7, 1989, a complaint was filed in this court by Kent Design Group, Inc. as the unsuccessful bidder, and by Ronald W. Boone and Jerry L. Birch as taxpayers. Apparently, both Boone and Birch were officers, employees and owners of the plaintiff corporation. By their complaint, plaintiffs sought a declaratory judgment, writ of mandamus, temporary restraining order, preliminary injunction, permanent injunction, damages in the amount of $100,000 and such other relief as the court might deem just and proper.
On September 12, 1989, a hearing was held to determine the propriety and necessity of preliminary injunctive relief. Based upon the evidence presented, this court declined to issue a temporary restraining order. However, the matter was advanced for a trial on the merits. Based upon the evidence and arguments presented by counsel, the court makes the following findings and conclusions:
1. Plaintiff Kent Design Group, Inc. is not entitled to damages. Even supposing that Kent was the lowest and best responsible bidder, DAS nevertheless retained a right to reject all bids and to solicit new bids;
2. This court has no jurisdiction to issue a writ of mandamus;
3. The specifications in Bid No. 540306-AH were not improper; the award to Akil, Inc. was not violative of the statutes; and plaintiffs are not entitled to equitable relief;
4. The specifications for Bid No. 540299-AH were either "rigged" or so indefinite as to be violative of the competitive bidding statutes. Further, this bid was awarded to a corporation which was not a certified minority business enterprise despite requirements that the bid be awarded to such business;
5. The defects noted in paragraph 4 were overcome when defendant obtained authorization for the contract from the Controlling Board;
6. Plaintiffs are entitled to a declaratory judgment that the award to Comdata Corporation was improper and illegal until ratified by the Controlling Board;
7. The bringing of this action constitutes the bestowal of a benefit upon the public through plaintiffs' efforts, i.e., the prevention of illegal government activity;
8. Plaintiffs are entitled to a partial allowance of their attorney fees. See Billington v. Cotner (1974), 37 Ohio St.2d 17, 66 O.O.2d 9, 305 N.E.2d 805;
9. The court will set a hearing date at the convenience of counsel to take evidence regarding the amount of attorney fees to be awarded.
Entry accordingly.
RUSSELL LEACH, J., retired, of the Franklin County Municipal Court, sitting by assignment.