Empathy List Archives

MF

Mark Fisher

Mon, Apr 8, 2013 2:50 PM

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

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

TM

Thomas M Dillon

Mon, Apr 8, 2013 3:29 PM

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@lists.flabarrpptl.org
[mailto:clc-discussion-bounces@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

CLC-Discussion mailing list
CLC-Discussion@lists.flabarrpptl.org
http://mailman.fsr.com/mailman/listinfo/clc-discussion

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@lists.flabarrpptl.org [mailto:clc-discussion-bounces@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 _______________________________________________ CLC-Discussion mailing list CLC-Discussion@lists.flabarrpptl.org http://mailman.fsr.com/mailman/listinfo/clc-discussion

AD

Arnold D. Tritt, Jr.

Mon, Apr 8, 2013 3:42 PM

We always suggest to our clients to "cut cards" - low card gets the bid.
We are 2 - 0 so far. Arnie Houdini

-----Original Message-----
From: clc-discussion-bounces@lists.flabarrpptl.org
[mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of
Thomas M Dillon
Sent: Monday, April 08, 2013 11:30 AM
To: 'Mark Fisher'; 'construction committee'
Subject: Re: [CLC-Discussion] tie bid

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@lists.flabarrpptl.org
[mailto:clc-discussion-bounces@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

CLC-Discussion mailing list
CLC-Discussion@lists.flabarrpptl.org
http://mailman.fsr.com/mailman/listinfo/clc-discussion

We always suggest to our clients to "cut cards" - low card gets the bid. We are 2 - 0 so far. Arnie Houdini -----Original Message----- From: clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Thomas M Dillon Sent: Monday, April 08, 2013 11:30 AM To: 'Mark Fisher'; 'construction committee' Subject: Re: [CLC-Discussion] tie bid 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@lists.flabarrpptl.org [mailto:clc-discussion-bounces@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 _______________________________________________ CLC-Discussion mailing list CLC-Discussion@lists.flabarrpptl.org http://mailman.fsr.com/mailman/listinfo/clc-discussion _______________________________________________ CLC-Discussion mailing list CLC-Discussion@lists.flabarrpptl.org http://mailman.fsr.com/mailman/listinfo/clc-discussion

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tie bid