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Unsuccessful bidders have standing to challenge the bidding process in limited circumstances

The Missouri Supreme Court recently held in Byrne & Jones Enterprises, Inc. v. Monroe City R-1 School Dist., that an unsuccessful bidder has a legally protectable interest in a fair and equal bidding process, and therefore has standing to challenge the process on the basis of being denied “a fair and equal opportunity to compete in the bidding process.” Typically, in Missouri, an unsuccessful bidder does not have standing to challenge the award of a contract to someone else, as they have no special pecuniary interest in the contract. The Court held, however, that an unsuccessful bidder does have an interest in the fairness of the process, and may sue to challenge an unfair bidding process.

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