Clarification Post-Bid Impermissible

Kegler Brown Construction Newsletter

In this case, the low bidder attempted to clarify its bid proposal with a post-bid fax to the county commissioners. The Eleventh District Court of Appeals ruled that allowing one party to amend or change its bid after the bid opening endangers the sanctity of the bid process and therefore no valid contract could be entered into with the low bidder who materially deviated from the bid specifications. Rein Constr. v. Trumbull Cty. Bd. of Commrs., 138 Ohio App.3d 622 (2000).