June 25, 1974 B
TO: C. H. MILLER, DIRECTOR, ENGINEERING DIVISION
FROM: JAY T. AHERN, STAFF ATTORNEYr -
RE: The Right to Negotiate Contracts for Core Boring
and Monitor Wells
You have requested the writer to advise whether the District can negotiate
the above contracts after failing to receive bids for the work. My answer
is in the affirmative.
The facts to my understanding show a bidding for the work on three occasions.
The scope of work was reduced after the first bid, but not for the second
or third time. The District having received no bids on the third time then
negotiated with two contractors to do the work because no one contractor
would do the total work.
It is my opinion that the District can negotiate contracts for the work.
The District does not have any statute which governs it in advertising
and bidding for this type of work. It is the District's practice to follow
as a guideline the State Purchasing Law Chapter 287, but is not subject to
it. The state statute on purchasing permits the state agency after solicit-
ing bids twice to negotiate a contract for the work or services.
The facts in issue show the District went beyond the state requirement of
soliciting bids at least twice and the District solicited a third time.
Based on this fact of soliciting bids three times and that the state
statute only requires bids be solicited twice, I believe the District has
met its statutory duty of attempting to obtain the best price from the most
qualified contractor for the work. Having failed to obtain a contractor
through public bidding who would do the work within the District's estimate,
the District can negotiate for the work either by one contract or more than
cc: Mr. Donald R. Feaster /
Mr. Myron G. Gibbons^