Post-Bid Phone Call Is Permitted
Kegler Brown Construction Newsletter May 1, 2000
The Ohio Court of Claims has ruled that a DAS official did not abuse his discretion by contacting a bidder by phone after bid opening to confirm that the bid price was the price for the entire project when the bid did not include the second phase specifications as required by the pre-bid instructions. The bidder attributed the omission to a clerical error and faxed the specifications to the governmental official within minutes of the telephone call. The Court held that the failure to include the specifications with the bid did not render the bid non-responsive because it did not give the bidder a competitive advantage. Lewis & Michael v. ODAS.