Town Manager Disobeys AG’s Admonition Against Signing Contract While Bid Protest Under Investigation

At the April 28, 2025 Town Council meeting, Town Manager Paul Bockelman stated that “I signed a contract with the contractor (Fontaine Bros.) on April 18th” for the construction of the Jones Library building project. However, on April 15, 2025 the town was instructed by the Attorney General’s Office to not enter into such a contract while a bid protest was under investigation, writing:

“The Office of the Attorney General is confirming receipt of the notice of bid protest below. As this matter is now under investigation by this Office, the Town of Amherst should not award this contract or execute this contract if it has been awarded.”

The Attorney General (AG) also referenced case law holding that “contracts entered into in violation of statutory bidding requirements are void as a matter of law.” 

Despite this, Bockelman said on April 28, 2025, “We had to sign it on that date [April 18, 2025] because we had to have the paperwork in to the MBLC [Massachusetts Board of Library Commissioners] by the 25th. That gave the contractor just four, really three work days to submit for and receive a building permit which they were able to accomplish.” 

The AG had performed an expedited investigation at the request of the town and rendered their decision on April 24, 2025 – just nine days after the bid protest was filed. Because the town did not wait for the investigation to be concluded before it executed a contract, the status of that contract is now unclear.