S. Ct. Civ. No. 2014-0006

The motion for injunction pending appeal against the signing of a government contract for certain road enhancement work pending appeal in this litigation is granted. The plaintiff has shown that the balance of equities favors a stay in this matter, and it has shown a substantial case on the merits of this action. The Superior Court found that the Government would not suffer any harm from granting a preliminary injunction. Public confidence in the procurement process is imperative in a democratic society, and the public would benefit from careful consideration of plaintiff's claims involving a bid nearly $2,000,000 less than the winning bid submitted for the road construction work involved here. Thus - at least at this preliminary stage in this appeal - the balance of the equities favor an injunction pending appeal. Plaintiff has also demonstrated a substantial case on the merits so as to warrant an injunction pending appeal since the fact that a bid is mathematically unbalanced cannot, without more, warrant its rejection, and the record does not show that the bid in this case was thoroughly evaluated as required. The partial temporary injunction, entered by this Court on January 31, 2014, and extending the Temporary Restraining Order originally issued by the Superior Court on December 19, 2013, is hereby extended until this Court fully adjudicates this appeal and the Clerk of Court issues the mandate.