Public bodies are generally required to award contracts above stated thresholds through competitive processes. The rules exist to protect the public, not the bidders, which shapes the remedies available.
Bid solicitation. Specifications must be clear enough to permit comparable bids and must not be drawn to favour a single supplier. Proprietary specifications require justification.
Responsive and responsible. A bid must conform to the solicitation in material respects to be responsive; the bidder must have the capacity and integrity to perform to be responsible. A responsibility determination requires more process than a responsiveness one, because it reflects on the bidder.
Minor irregularities may be waived; material deviations may not, because waiving one gives that bidder an advantage.
Exceptions. Emergency purchases, sole source, cooperative purchasing through another public body’s contract, and professional services, which many statutes exempt from low-bid requirements in favour of qualifications-based selection.
Consequences of non-compliance. Contracts made in violation of mandatory bidding statutes are frequently held void, not merely voidable, and the contractor may be denied recovery even for work performed — a harsh rule applied to deter circumvention.
Conflicts of interest. Statutes and ordinances prohibit officials with a financial interest from participating, with disclosure and recusal requirements that should be documented in the minutes.