Patrick McGoey and Thomas McEachin won a bid protest for a local contractor against the City of New Orleans.  The Protest concerned the City’s Disadvantaged Business Enterprise (“DBE”) Program, which requires a contractor to use his “best efforts” to obtain 35% DBE participation on City construction projects.  SEMM’s client was the lowest responsive bidder on a multi-million dollar project; however, the City refused to award him the contract, claiming that he had not used his “best efforts” to meet the City’s DBE goal.  The City attempted to award the contract to a contractor who’s bid was $215,000 higher than SEMM’s client.  After trial, a Civil District Court judge found that SEMM’s client had in fact used his “best efforts” to meet the DBE goal and that the City had acted arbitrary and capriciously in rejecting his bid.  The judge issued a permanent injunction and a writ of mandamus, ordering the City to award the contract to SEMM’s client, saving tax payers over $215,000.