The Office of the Attorney General (AGO) enforces the competitive bidding laws that govern contracts for public works construction. Parties can report allegations and/or file a bid protest with our office if they think an awarding authority or bidder has violated these laws.
There are numerous resources available to those interested in learning more about public procurements and how the governing law might apply to any particular situation. They include our Bid FAQs, the Designing and Constructing Public Facilities Guide published by the Office of the Inspector General, our searchable database of Bid Protest decisions that address many issues encountered in public construction bidding, and resources about bid disputes. MCLE also publishes a guide called Massachusetts Construction Law and Litigation which is available through Lexis, Westlaw, the publisher, and likely the party’s local law library. (See links to additional resources below.)
Consulting one’s own legal counsel is the only way a party can receive legal advice. The AGO cannot give any legal advice as to what actions a bidder or awarding authority should or should not take with respect to procurements. The statutory authority of the Attorney General to render formal legal opinions is limited to the context of formal bid protest proceedings, or opinion requests made by state officials in limited circumstances such as lawsuits and other civil proceedings, district attorneys, and branches and committees of the Legislature. See G.L. c. 12, §§ 3, 6, and 9. The Bid Unit investigates, adjudicates, and guides interested parties to the relevant laws, compliance assistance resources, caselaw, and decisions interpreting the MA public construction bid laws.
