June 21, 2017 at 4:59 p.m.
OC committee waives informality on bid specification for paving project
OC committee waives informality on bid specification for paving project
Musson Brothers submitted the lowest bid, but there was a question as to whether all aspects of the bid had been fulfilled. Each bidder was required to submit references of work but Musson's did not.
Given that Musson Brothers has done a significant amount of work for the county, the question was whether to throw out the bid or to waive the informality, with the committee opting to go with the latter. Musson's bid was for $43,277, nearly $8,000 less than the next lowest bidder.
"We all know who Musson's is," supervisor Scott Holewinski said. "We know who Pitlik and Wick is, we know who American Asphalt is and we all know Northeast Asphalt. We all know their reputations. We don't even have that in the highway bids."
Holewinski said he believes the wording of the specification, requesting references rather than requiring them, makes the Musson Brothers bid valid.
The question came down to potential legal action if the county awarded the bid to Musson's. Corporation counsel Brian Desmond was uneasy about waiving the informality because he could not find any previous cases in that realm.
"I would not recommend that but at least it'll give us an argument should someone sue us," Desmond said.
The voted passed with a 3-2 vote, with Billy Fried and Bob Metropulos opposing the motion to approve the bid and waive all informalities.
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