concurring in part and dissenting in part.
I concur with that portion of the majority opinion which indicates that plaintiffs who are principals in a company that fails to receive a contract award may claim standing if they are taxpayers of the Commonwealth. I believe they have a judicially recognizable interest in the award of a public contract.
However, I respectfully dissent from the result achieved by the majority because I believe the summary judgment was proper as this ease is presented. Disappointed bidders, even if they are taxpayers, should be very specific when they file suit. The complaint in this case is not sufficiently specific in the allegations of fraud or sham. I agree with the Court of Appeals and the circuit court.
Although the circumstances may appear very suspicious, there is no direct allegation that any actual fraud, collusion or dishonesty was involved. The complaint presented to the circuit court was inartfully drawn and presented vague insinuation and innuendo with unsubstantiated implications of political favoritism. These are strong charges and should be dealt with harshly, if true.
Determination of the best bidder for a government contract involves not only the amount of the bid but also the business judgment, capacity, skill and responsibility of the bidder and the quality of the goods proposed to be provided. Here the invitation for bids indicated that the contract award would involve more than merely the highest commission on sales. The fact that a bid presents a higher percentage rate of commission does not automatically indicate that the refusal of the bid was the result of fraud or dishonesty.
Even a taxpayer must present a substantial showing that there is some wrongdoing fraud or arbitrariness to support a lawsuit. *31Suspicious circumstances alone is not enough. Unbridled suspicion can easily be abused. Certainly, it is the obligation of the courts at all levels to make a serious inquiry pursuant to all applicable laws.
GANT, J., joins.