Alternative (not add alternate) bidding
Has anyone had any experience with bidding a project "in the alternative"? We like Design 1 better, but it will probably be too expensive. Design 2 will probably be within our budget. Time is short (of course), so the Engineering Department wants to bid them both at the same time. Council could reject one of the bids. We would clearly outline what we are doing in the bid letter and instructions for each of the two projects. Can you think of any legal prohibition to this? I can see a way to draft language for a bid letter and instructions re: Design 2 as an Alternative to Design 1, but it sounds scary. I'd love it if anyone has already done (or seen) it. Thanks!
Tammy Ewing
Assistant City Attorney
City of Broken Arrow
220 S. 1st St.
Broken Arrow, OK 74012
(918)259-8422, Ext. 5423
I dont see any issue with this procedure. It is likely that the same bidder will bid both alternatives. Just make sure that it is clear that the city will select one of the options not both.
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s/ David A. Davis
LAW OFFICE OF DAVID A. DAVIS
4312 N. Classen Blvd.
OKLAHOMA CITY, OK 73118
405 840-6353
405 557-0777 (FAX)
ddavislaw@live.commailto:ddavislaw@live.com
From: Oama oama-bounces@lists.imla.org on behalf of Ewing, Tammy via Oama oama@lists.imla.org
Sent: Wednesday, February 12, 2020 4:12 PM
To: oama@lists.imla.org oama@lists.imla.org
Subject: [Oama] Alternative (not add alternate) bidding
Has anyone had any experience with bidding a project “in the alternative”? We like Design 1 better, but it will probably be too expensive. Design 2 will probably be within our budget. Time is short (of course), so the Engineering Department wants to bid them both at the same time. Council could reject one of the bids. We would clearly outline what we are doing in the bid letter and instructions for each of the two projects. Can you think of any legal prohibition to this? I can see a way to draft language for a bid letter and instructions re: Design 2 as an Alternative to Design 1, but it sounds scary. I’d love it if anyone has already done (or seen) it. Thanks!
Tammy Ewing
Assistant City Attorney
City of Broken Arrow
220 S. 1st St.
Broken Arrow, OK 74012
(918)259-8422, Ext. 5423
Norman used alternative bidding processes or add alternative processes pretty often.
From: Oama oama-bounces@lists.imla.org On Behalf Of david davis
Sent: Thursday, February 13, 2020 10:25 AM
To: oama@lists.imla.org; Ewing, Tammy TEwing@brokenarrowok.gov
Subject: Re: [Oama] Alternative (not add alternate) bidding
I dont see any issue with this procedure. It is likely that the same bidder will bid both alternatives. Just make sure that it is clear that the city will select one of the options not both.
CONFIDENTIALITY NOTE: This transmission is protected by the Electronic Communications Privacy Act, 18 U.S.C. Sections 2510-2521 and intended to be delivered only to the named addressee(s) This e-mail message is intended only for the personal use of the recipient(s) named above. This message is or may be an attorney-client communication and as such privileged and confidential. If you are not an intended recipient, you may not review, copy or distribute this message. If you have received this communication in error, please notify us immediately by e-mail and delete the original message.
s/ David A. Davis
LAW OFFICE OF DAVID A. DAVIS
4312 N. Classen Blvd.
OKLAHOMA CITY, OK 73118
405 840-6353
405 557-0777 (FAX)
ddavislaw@live.commailto:ddavislaw@live.com
From: Oama <oama-bounces@lists.imla.orgmailto:oama-bounces@lists.imla.org> on behalf of Ewing, Tammy via Oama <oama@lists.imla.orgmailto:oama@lists.imla.org>
Sent: Wednesday, February 12, 2020 4:12 PM
To: oama@lists.imla.orgmailto:oama@lists.imla.org <oama@lists.imla.orgmailto:oama@lists.imla.org>
Subject: [Oama] Alternative (not add alternate) bidding
Has anyone had any experience with bidding a project "in the alternative"? We like Design 1 better, but it will probably be too expensive. Design 2 will probably be within our budget. Time is short (of course), so the Engineering Department wants to bid them both at the same time. Council could reject one of the bids. We would clearly outline what we are doing in the bid letter and instructions for each of the two projects. Can you think of any legal prohibition to this? I can see a way to draft language for a bid letter and instructions re: Design 2 as an Alternative to Design 1, but it sounds scary. I'd love it if anyone has already done (or seen) it. Thanks!
Tammy Ewing
Assistant City Attorney
City of Broken Arrow
220 S. 1st St.
Broken Arrow, OK 74012
(918)259-8422, Ext. 5423