S. Ct. Civ. No. 2014-0006

The Superior Court's order denying a motion for a preliminary injunction filed by a road construction company that bid on a street improvement project to be paid for with federal highway funding, is reversed. In deciding whether to grant a preliminary injunction, the Superior Court must consider (1) whether the movant has shown a reasonable probability of success on the merits; (2) whether the movant will be irreparably injured by denial of the relief; (3) whether granting preliminary relief will result in even greater harm to the nonmoving party; and (4) whether granting the preliminary relief will be in the public interest. While judicial review of procurement decisions are extremely limited in scope, here the bidder has shown that it is likely to succeed on its claim that the Government summarily rejected its bid - which was some $2 million lower than the other submitted bid - without a sufficient written justification in violation of provisions of the Code of Federal Regulations, 23 C.F.R. § 635.114(d). Since the Government has not challenged the Superior Court's finding that the remaining three factors all favor the grant of a preliminary injunction, the January 22, 2014 Order of the Superior Court is reversed and the case is remanded so that the Superior Court may grant the motion for a preliminary injunction while it considers its claims on the merits.