All,

We rejected a low bidder because they forgot to place their corporate seal in TWO places where it was required, and their attestation was not notarized. Their attorney is calling saying that these should be waivable defects. It was my impression that a waivable defect was one that was inconsequential or nonmaterial, but in my opinion, I guess I gathered that these (especially the non-notarized attestation) would be. Would this be something that we should take a second look at?

Thanks,

John R. Andrew, J.D., M.P.A.
City Attorney, City of Ponca City, OK
PO Box 1450
Ponca City, OK 74602-1450
(580) 767-0337
andrejr@poncacityok.gov

I believe the issue will be whether the lowest bidder "substantially complied" with the bidding requirements.  Court of Appeals recently held that providing attorney's address instead of the address of the claimant substantially complied with the Governmental Tort Claims Act requirement.  Probably worth a quick review (is requiring formal execution necessary to make the bid binding on the corporate entity?).  I looked at my notes and did not see that I had reviewed that issue before.

Jonathan E. Miller
City Attorney
City of Mustang
1501 N. Mustang Road
Mustang, Oklahoma 73064
Telephone: (405) 376-7746
Facsimile: (405) 376-7721

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From: John R. Andrew andrejr@poncacityok.gov
Sent: Thursday, August 26, 2021 12:58 PM
To: oama@lists.imla.org
Subject: [Oama] Competitive Bidding Waivable Defects

All,  We rejected a low bidder because they forgot to place their corporate seal in TWO places where it was required, and their attestation was not notarized. Their attorney is calling saying th

All,

We rejected a low bidder because they forgot to place their corporate seal in TWO places where it was required, and their attestation was not notarized. Their attorney is calling saying that these should be waivable defects. It was my impression that a waivable defect was one that was inconsequential or nonmaterial, but in my opinion, I guess I gathered that these (especially the non-notarized attestation) would be. Would this be something that we should take a second look at?

Thanks,

John R. Andrew, J.D., M.P.A.
City Attorney, City of Ponca City, OK
PO Box 1450
Ponca City, OK 74602-1450
(580) 767-0337
andrejr@poncacityok.govmailto:andrejr@poncacityok.gov