The Minnesota Chapter
of the National Institute
of Governmental Purchasing, Inc.

-Established 1981-

III. AWARD OF BID (continued)

for favoritism, whether [it] is actually practiced or not.  Neither can they include other reservations which by their necessary effect will render it impossible to make an exact comparison of bids."  Webster v. Belote, 103 Fla. 976, 138 So. 721, 724 (1932).

IV. CHALLENGES TO THE AWARD OF BID

A. Statutory Provisions

1. Minn. Stat. § 375.09:

No county commissioner shall receive any money or other valuable thing as a condition of voting or inducement to vote for any contract.  Every contract made contrary to this section is void. (See exceptions in Minn. Stat. § 471.88)

2. Minn. Stat. § 375.21:

Any contract made without compliance with the advertisement and competitive bidding requirements is void:

3. Minn. Stat. § 382.18 and § 471.87:

It is a gross misdemeanor for any county official or deputy clerk or employee of such official to be financially interested, directly or indirectly, in any contract.

4. Minn. Stat. § 471.35:

It is a gross misdemeanor to prepare bid specifications so as to exclude all but one type or kind of supplies or equipment.

B. Timing

1. Bid protests must be initiated promptly before the process becomes unalterable.

2. A bid protest can be made prior to the bid opening.  Protests may be resolved through clarification, addenda or a bid conference.  Pre-bid resolution of protests is beneficial to the bidding agency so that errors or omissions may be clarified or corrected.

3. Most bid challenges are initiated after the opening of bids.

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