[CLC-Discussion] tie bid

Thomas M Dillon lawtmd at gmail.com
Mon Apr 8 08:29:59 PDT 2013


I have never had a low tie bid situation, but the procurement regulations I
drafted for use by one of my clients have provisions for low tie bids as
follows:

2-202.13	Low tie bids.  

2-202.13.1	Definition.  Low tie bids are low responsive bids from
responsible bidders that are identical in price and which meet all the
requirements and criteria set forth in the invitation to bid, after
application of all bidder preferences allowed under 2-202.12.9.

2-202.13.2	Award.  Low tie bids will be resolved by a random drawing.

Thomas M Dillon PA
Board Certified in Construction Law
PO Box 370736
Key Largo, Florida 33037
Phone: 305-240-1767
Fax: 305-723-6333

-----Original Message-----
From: clc-discussion-bounces at lists.flabarrpptl.org
[mailto:clc-discussion-bounces at lists.flabarrpptl.org] On Behalf Of Mark
Fisher
Sent: Monday, April 08, 2013 10:51 AM
To: construction committee
Subject: [CLC-Discussion] tie bid

Is anyone aware of a case or in the statute that addresses what happens in
the event of a dead tie for the two lowest bidders on a public project?  Or
have ever seen it happen?

Mark S. Fisher, Esq.
Fisher, Butts, Sechrest & Warner, PA
Certified Circuit Civil Mediator
Board Certified Construction Lawyer
www.fbswlaw.com
(352) 373-5922


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