A. Basis for Bid Award.
Minn. Stat. § 375.21 provides that, when a county is required to
competitively bid by the dollar limitations of Minn. Stat. § 471.345,
the bid award must be to the "lowest, responsible bidder."
1. However, this is not always the bidder with the lowest unit
price.
a. Quality, suitability and adaptability are factors a county may
consider in addition to price in determining to whom a contract
should be awarded. Otter Tail Power Co. v Village of Elbow
Lake, 42 N.W.2d 197 (Minn.1951); O.A.G. 707a-15, October 25,
1966.
b. Similarly, the fitness, responsibility or capacity of the
bidder to perform is legitimate consideration. State v. Snively,
221 N.W. 535 (Minn.1928); Duffy v. Village of Princeton, 60
N.W.2d 27 (Minn. 1953).
2. However, in considering these factors, the award must be based
upon a substantial difference between bidders, particularly where a
higher bid is selected over a lower one. O.A.G. 707a-15, October 25,
1966.
a. The availability of local repair service may be an essential
consideration in determining the adaptability or suitability of an
emergency vehicle particularly where the absence of the vehicle at a
repair station some distance from the town would seriously impede
the provision of service. O.A.G. 707a-15, October 25, 1966.
b. NOTE: In the above case it probably would not have been
permissible to draft specifications that excluded all but the make
of vehicle carried by the local dealer.
B. Examination of Bids.
1. Bids are opened and examined at the time and place indicated in
the advertisement. Close examination of bids may be reserved for
a later date, although at the opening, it is appropriate to read the
proposals out loud. The bidders should be advised that final
award will be make by the county commissioners at their next
meeting. (This assumes the time for opening bids is not the same
time as the board meeting).
