Construction OberView: Unbalanced = Unresponsive

more+
less-

In denying two appeals brought by Brawner Builder’s, Inc. (“Brawner”) against the State Highway Administration (“SHA”), the Maryland Board of Contract Appeals (the “Board”) upheld a decision by SHA that an unbalanced bid submitted by a contractor was unresponsive.

The project in question involved bridge deck overlay and painting work for two bridges in Howard County, Maryland. Of the eight bids received, Brawner submitted the low bid, however, SHA deemed it to be materially unbalanced. This was due to the inclusion in Brawner’s bid of a charge of $1.00 or less on 47 of 51 items contained in the Schedule of Prices.

After bid opening, SHA analyzed the bid quantities included in the Invitation For Bid and determined that certain quantities were in error. When the bid quantities were recalculated and the bidders’ unit prices were applied, Brawner’s bid was not the lowest. SHA decided to reject all of the bids and re-bid the project using the correct quantities. Brawner protested the decision on the basis that a rejection of all bids was not in the fiscal interest of Maryland.

Please see full alert below for more information.

LOADING PDF: If there are any problems, click here to download the file.


DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Ober|Kaler | Attorney Advertising

Written by:

more+
less-

Ober|Kaler on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name.
×
Loading...
×
×