LeBlanc Marine, L.L.C. vs. Louisiana, Division of Administration, Office of Facility Planning and Control
Annotate this CaseThis dispute arose out of a project known as Phase III Levee Repairs at Rockefeller Wildlife Refuge located in Grand Chenier, Louisiana (“the Project”). In May 2017, the State, through the Division of Administration, Office of Facility Planning and Control (“State”) issued an advertisement for bids for the Project. Following the close of bidding, LeBlanc Marine, L.L.C. (“LeBlanc”) was the apparent low bidder on the Project, and Southern Delta Construction, L.L.C. (“Southern Delta”) was the apparent second low bidder. However, on September 20, 2017, the State informed LeBlanc that its bid was rejected because it failed to comply with Section 5.1.9 of the instructions to bidders. Specifically, the State claimed LeBlanc failed to submit written evidence of the authority of the person signing the bid as set forth in the instructions. The State thereafter determined Southern Delta was the lowest responsive bidder and awarded the contract for the Project to Southern Delta. LeBlanc filed a petition for injunctive and declaratory relief, seeking to enjoin the State from awarding the contract to Southern Delta, or alternatively, a declaration that any contract entered into by the State and Southern Delta was null and void. LeBlanc’s petition alleged that Southern Delta’s bid was also non-responsive because it violated Section 5.1.9 of the instructions to bidders by failing to include written evidence proving that the person who signed the bid had the authority to sign and submit the bid on Southern Delta’s behalf. In reasons for judgment, the district court found that the State was bound by the more restrictive requirements set forth in its instructions to bidders than what was provided in La. Rev. Stat. 38:2212(B)(5). The Louisiana Supreme Court found the district court erred in granting declaratory and injunctive relief in favor of LeBlanc based on a finding the State was bound by the more restrictive requirements set forth in its instructions to bidders. The Court therefore reversed the judgment of court of appeal which affirmed the judgment of the district court.
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