by J. Matthew Maguire
Your client was unquestionably the most qualified offer for a state or local procurement that resulted in an award to its competitor. You have evidence that government officials had someone else in mind for the contract, and they violated their own procurement rules in order to make that happen. You have state action. You have unequal treatment. You even have evidence of a custom or policy of such misconduct. So why not bring a Fourteenth Amendment equal protection claim under the Civil Rights Act of 1871, 42 U.S.C. 1983, in lieu of, or in addition to, a bid protest premised on arbitrary action?