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Competitive Bidding Act

MB
Michael Beason
Fri, Sep 11, 2020 2:35 PM

Greetings All and happy Friday!

Scenario ... Kx comprised of numerous, small jobs of concrete repair for the municipality with a budgeted total in excess of $50k.  Was bid apparently in compliance with the Competitive Bidding Act.  The Kx was not drafted by legal staff.  The Kx was not executed within 60 days as required by 61 O.S. § 113(A).  Additionally, the original kx expired June 30, 2020.  The kx has an auto renew sentence.  The original kx was recently executed, out-of-time, by City admin.  The vendor has been paid for work done this year.

My advice was to rebid the kx.

I do not believe that my Council can "correct the error" under 61 O.S. § 113(D) for absence of an error in the award process.  I am also troubled by an auto renew provision in such a kx.

Anyone want to play devil's advocate.

Thank you all and have a great weekend.

Greetings All and happy Friday! Scenario ... Kx comprised of numerous, small jobs of concrete repair for the municipality with a budgeted total in excess of $50k. Was bid apparently in compliance with the Competitive Bidding Act. The Kx was not drafted by legal staff. The Kx was not executed within 60 days as required by 61 O.S. § 113(A). Additionally, the original kx expired June 30, 2020. The kx has an auto renew sentence. The original kx was recently executed, out-of-time, by City admin. The vendor has been paid for work done this year. My advice was to rebid the kx. I do not believe that my Council can "correct the error" under 61 O.S. § 113(D) for absence of an error in the award process. I am also troubled by an auto renew provision in such a kx. Anyone want to play devil's advocate. Thank you all and have a great weekend.