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91. Is the mayor's selection of the other contractor constitutional?
When the road construction projects for the next year were put out to bid, the owner of the local paving company was again the lowest bidder. The mayor, however, vetoed the selection and chose a contractor from farther away, at a much higher price. State law does not require selection of the lowest bidder.
In a recent town mayoral election, the owner supported the candidate challenging the incumbent mayor. The owner's paving trucks carried bumper stickers promoting the challenger. When the incumbent mayor saw the owner in a local restaurant, the mayor said, «You'd better get those bumper stickers off your trucks or you'll never pave another road in this town again.» The owner refused to comply. The incumbent mayor won the election.
The owner of a local road-paving company has for several years provided road repair and maintenance services for a small town under an annual contract. The owner's price is usually lower than the prices of other bidders because the owner's equipment and personnel are located in the town.
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A is incorrect. Under some circumstances, it may be a rational decision for the government to award a contract to a higher-cost bidder. For example, a lower-cost bidder may not be as competent to perform the job, or a higher-cost bidder could complete the job in substantially less time.
C is incorrect. The fact that state law does not require awarding contracts to the lowest-cost bidder is irrelevant to the determination of whether the mayor's selection of the other contractor violated the First Amendment. The rights of free expression and free association prohibit government officials from penalizing employees and contractors because of their political beliefs or associations unless political beliefs or affiliations are relevant to job performance. The beliefs or affiliations discussed here are not relevant to road construction.
D is incorrect. The mayor can require those who work for the town to support its current administration to ensure that the work is consistent with the administration's policies. There are, however, other means available here to ensure that the contractor's work conforms to the job requirements set out by the city. For example, the city could monitor the contractor's job performance and require compliance with contract requirements. The contractor's political conduct is irrelevant to the type of work in question.