The defendant, an unsuccessful bidder for a transit advertising contract, brought a motion for leave to amend its counterclaim, for further documentary discovery from the plaintiff, and for document production and examination of the non-party successful bidder.
The court applied tendering law principles, distinguishing between Contract A (the bidding process) and Contract B (the awarded contract), holding that post-award conduct was irrelevant to the alleged breach of fairness in the bidding process.
The court permitted a limited examination of the non-party regarding pre-award events and ordered the plaintiff to produce specific pre-award documents, but denied broad document production, forensic audits, and amendments relating to post-award conduct.