Acme Bus Corp. v. Orange County

28 N.Y.3d 417 (2016).  We successfully convinced the New York Court of Appeals to reverse the rulings of the Supreme Court of Orange County and the Appellate Division, Second Department and establish, for the first time, that in the context of municipal requests for proposals (RFPs) from bidders for public contracts, “an award of a contract . . . is arbitrary and capricious if the municipality evaluates a proposal using a standard that deviates from a standard expressly set forth in the RFP,” regardless of the municipality’s contention that it serves the “best interests” of the community to do so.  As the Court of Appeals reasoned, “When different standards are applied, the process is subverted.  Changing the expressly defined rules mid-way gives rise to speculation of fraud or corruption.”