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Competitive Bidding Sealed Bids

JR
John R. Andrew
Thu, Apr 30, 2020 8:02 PM

All,

We have an upcoming bid that was delayed by the Federal Government for a week to add an addendum, and now we have some out of state contractors wanting to send in their bids via email. I seem to see some places allowing email of bids, but from what I can find sealed bids can't be sent via email. Can anyone clarify? The way we've always done it is delivered sealed bids.

Thanks,

John R. Andrew, J.D., M.P.A.
Interim City Attorney
City of Ponca City
PO Box 1450
Ponca City, OK 74602-1450
T: (580) 767-0451
F: (580) 767-0344
andrejr@poncacityok.gov

All, We have an upcoming bid that was delayed by the Federal Government for a week to add an addendum, and now we have some out of state contractors wanting to send in their bids via email. I seem to see some places allowing email of bids, but from what I can find sealed bids can't be sent via email. Can anyone clarify? The way we've always done it is delivered sealed bids. Thanks, John R. Andrew, J.D., M.P.A. Interim City Attorney City of Ponca City PO Box 1450 Ponca City, OK 74602-1450 T: (580) 767-0451 F: (580) 767-0344 andrejr@poncacityok.gov
DD
david davis
Thu, Apr 30, 2020 8:24 PM

In my opinion email bids would compromise the required sealed bid process.  I would not allow it.

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.org on behalf of John R. Andrew andrejr@poncacityok.gov
Sent: Thursday, April 30, 2020 3:02 PM
To: oama@lists.imla.org oama@lists.imla.org
Subject: [Oama] Competitive Bidding Sealed Bids

All,

We have an upcoming bid that was delayed by the Federal Government for a week to add an addendum, and now we have some out of state contractors wanting to send in their bids via email. I seem to see some places allowing email of bids, but from what I can find sealed bids can’t be sent via email. Can anyone clarify? The way we’ve always done it is delivered sealed bids.

Thanks,

John R. Andrew, J.D., M.P.A.

Interim City Attorney

City of Ponca City

PO Box 1450

Ponca City, OK 74602-1450

T: (580) 767-0451

F: (580) 767-0344

andrejr@poncacityok.gov

In my opinion email bids would compromise the required sealed bid process. I would not allow it. 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.com<mailto:ddavislaw@live.com> ________________________________ From: Oama <oama-bounces@lists.imla.org> on behalf of John R. Andrew <andrejr@poncacityok.gov> Sent: Thursday, April 30, 2020 3:02 PM To: oama@lists.imla.org <oama@lists.imla.org> Subject: [Oama] Competitive Bidding Sealed Bids All, We have an upcoming bid that was delayed by the Federal Government for a week to add an addendum, and now we have some out of state contractors wanting to send in their bids via email. I seem to see some places allowing email of bids, but from what I can find sealed bids can’t be sent via email. Can anyone clarify? The way we’ve always done it is delivered sealed bids. Thanks, John R. Andrew, J.D., M.P.A. Interim City Attorney City of Ponca City PO Box 1450 Ponca City, OK 74602-1450 T: (580) 767-0451 F: (580) 767-0344 andrejr@poncacityok.gov
JM
Jon Miller
Thu, Apr 30, 2020 8:47 PM

I concur with David Davis.  The integrity of the process would be compromised, and would be subject to challenge.

Jonathan E. Miller
City Attorney
City of Mustang
P.O. Box 546
Piedmont, Oklahoma  73078
Telephone: (405) 938-9108


This message is sent by a lawyer and may contain information that is privileged or confidential.  If you received this transmission in error, please notify the sender by reply e-mail and delete this message and any attachments.  This e-mail is intended for the addressee(s) only, and may not be distributed to any other person without written consent of the sender.

From: Oama oama-bounces@lists.imla.org On Behalf Of david davis
Sent: Thursday, April 30, 2020 3:24 PM
To: John R. Andrew andrejr@poncacityok.gov; oama@lists.imla.org
Subject: Re: [Oama] Competitive Bidding Sealed Bids

In my opinion email bids would compromise the required sealed bid process.  I would not allow it.

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 John R. Andrew <andrejr@poncacityok.govmailto:andrejr@poncacityok.gov>
Sent: Thursday, April 30, 2020 3:02 PM
To: oama@lists.imla.orgmailto:oama@lists.imla.org <oama@lists.imla.orgmailto:oama@lists.imla.org>
Subject: [Oama] Competitive Bidding Sealed Bids

All,

We have an upcoming bid that was delayed by the Federal Government for a week to add an addendum, and now we have some out of state contractors wanting to send in their bids via email. I seem to see some places allowing email of bids, but from what I can find sealed bids can't be sent via email. Can anyone clarify? The way we've always done it is delivered sealed bids.

Thanks,

John R. Andrew, J.D., M.P.A.

Interim City Attorney

City of Ponca City

PO Box 1450

Ponca City, OK 74602-1450

T: (580) 767-0451

F: (580) 767-0344

andrejr@poncacityok.govmailto:andrejr@poncacityok.gov

I concur with David Davis. The integrity of the process would be compromised, and would be subject to challenge. Jonathan E. Miller City Attorney City of Mustang P.O. Box 546 Piedmont, Oklahoma 73078 Telephone: (405) 938-9108 ********************************************************************************************* This message is sent by a lawyer and may contain information that is privileged or confidential. If you received this transmission in error, please notify the sender by reply e-mail and delete this message and any attachments. This e-mail is intended for the addressee(s) only, and may not be distributed to any other person without written consent of the sender. From: Oama <oama-bounces@lists.imla.org> On Behalf Of david davis Sent: Thursday, April 30, 2020 3:24 PM To: John R. Andrew <andrejr@poncacityok.gov>; oama@lists.imla.org Subject: Re: [Oama] Competitive Bidding Sealed Bids In my opinion email bids would compromise the required sealed bid process. I would not allow it. 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.com<mailto:ddavislaw@live.com> ________________________________ From: Oama <oama-bounces@lists.imla.org<mailto:oama-bounces@lists.imla.org>> on behalf of John R. Andrew <andrejr@poncacityok.gov<mailto:andrejr@poncacityok.gov>> Sent: Thursday, April 30, 2020 3:02 PM To: oama@lists.imla.org<mailto:oama@lists.imla.org> <oama@lists.imla.org<mailto:oama@lists.imla.org>> Subject: [Oama] Competitive Bidding Sealed Bids All, We have an upcoming bid that was delayed by the Federal Government for a week to add an addendum, and now we have some out of state contractors wanting to send in their bids via email. I seem to see some places allowing email of bids, but from what I can find sealed bids can't be sent via email. Can anyone clarify? The way we've always done it is delivered sealed bids. Thanks, John R. Andrew, J.D., M.P.A. Interim City Attorney City of Ponca City PO Box 1450 Ponca City, OK 74602-1450 T: (580) 767-0451 F: (580) 767-0344 andrejr@poncacityok.gov<mailto:andrejr@poncacityok.gov>
MR
Michael R. Vanderburg
Thu, Apr 30, 2020 11:36 PM

I am unaware of anything that will allow email bids rather than sealed bids, even in an emergency such as the Covid-19.

However, most bidders have a banking relationship and this is likely with a bank that has multiple branches, even interstate partners.  Can you suggest that the distant bidder email his bank (local partner) and have the local bank deliver a sealed bid same day or over night?

Mike Vanderburg

Sent from Mail for Windows 10

From: Jon Miller
Sent: Thursday, April 30, 2020 3:48 PM
To: david davis; John R. Andrew; oama@lists.imla.org
Subject: Re: [Oama] Competitive Bidding Sealed Bids

I concur with David Davis.  The integrity of the process would be compromised, and would be subject to challenge.

Jonathan E. Miller
City Attorney
City of Mustang
P.O. Box 546
Piedmont, Oklahoma   73078
Telephone: (405) 938-9108


This message is sent by a lawyer and may contain information that is privileged or confidential.  If you received this transmission in error, please notify the sender by reply e-mail and delete this message and any attachments.  This e-mail is intended for the addressee(s) only, and may not be distributed to any other person without written consent of the sender. 

From: Oama oama-bounces@lists.imla.org On Behalf Of david davis
Sent: Thursday, April 30, 2020 3:24 PM
To: John R. Andrew andrejr@poncacityok.gov; oama@lists.imla.org
Subject: Re: [Oama] Competitive Bidding Sealed Bids

In my opinion email bids would compromise the required sealed bid process.  I would not allow it.

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.com

From: Oama oama-bounces@lists.imla.org on behalf of John R. Andrew andrejr@poncacityok.gov
Sent: Thursday, April 30, 2020 3:02 PM
To: oama@lists.imla.org oama@lists.imla.org
Subject: [Oama] Competitive Bidding Sealed Bids
 
All,
 
We have an upcoming bid that was delayed by the Federal Government for a week to add an addendum, and now we have some out of state contractors wanting to send in their bids via email. I seem to see some places allowing email of bids, but from what I can find sealed bids can’t be sent via email. Can anyone clarify? The way we’ve always done it is delivered sealed bids.
 
Thanks,
 
John R. Andrew, J.D., M.P.A.
Interim City Attorney
City of Ponca City
PO Box 1450
Ponca City, OK 74602-1450
T: (580) 767-0451
F: (580) 767-0344
andrejr@poncacityok.gov
 

I am unaware of anything that will allow email bids rather than sealed bids, even in an emergency such as the Covid-19. However, most bidders have a banking relationship and this is likely with a bank that has multiple branches, even interstate partners. Can you suggest that the distant bidder email his bank (local partner) and have the local bank deliver a sealed bid same day or over night? Mike Vanderburg Sent from Mail for Windows 10 From: Jon Miller Sent: Thursday, April 30, 2020 3:48 PM To: david davis; John R. Andrew; oama@lists.imla.org Subject: Re: [Oama] Competitive Bidding Sealed Bids I concur with David Davis.  The integrity of the process would be compromised, and would be subject to challenge. Jonathan E. Miller City Attorney City of Mustang P.O. Box 546 Piedmont, Oklahoma   73078 Telephone: (405) 938-9108 ********************************************************************************************* This message is sent by a lawyer and may contain information that is privileged or confidential.  If you received this transmission in error, please notify the sender by reply e-mail and delete this message and any attachments.  This e-mail is intended for the addressee(s) only, and may not be distributed to any other person without written consent of the sender.  From: Oama <oama-bounces@lists.imla.org> On Behalf Of david davis Sent: Thursday, April 30, 2020 3:24 PM To: John R. Andrew <andrejr@poncacityok.gov>; oama@lists.imla.org Subject: Re: [Oama] Competitive Bidding Sealed Bids In my opinion email bids would compromise the required sealed bid process.  I would not allow it. 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.com From: Oama <oama-bounces@lists.imla.org> on behalf of John R. Andrew <andrejr@poncacityok.gov> Sent: Thursday, April 30, 2020 3:02 PM To: oama@lists.imla.org <oama@lists.imla.org> Subject: [Oama] Competitive Bidding Sealed Bids   All,   We have an upcoming bid that was delayed by the Federal Government for a week to add an addendum, and now we have some out of state contractors wanting to send in their bids via email. I seem to see some places allowing email of bids, but from what I can find sealed bids can’t be sent via email. Can anyone clarify? The way we’ve always done it is delivered sealed bids.   Thanks,   John R. Andrew, J.D., M.P.A. Interim City Attorney City of Ponca City PO Box 1450 Ponca City, OK 74602-1450 T: (580) 767-0451 F: (580) 767-0344 andrejr@poncacityok.gov