Video

  • 10 minutes

Late Bids and Proprietary Specifications Owner Errors

 
Owners typically cannot accept late bids. A late bid is usually considered non‐responsive and typically non‐responsive bids must be rejected. If a Public Awarding Authority accepts a late bid, other bidders will likely protest. The Public Awarding Authorities are typically precluded from specifying a specific product or manufacturer unless the Public Awarding Authority has shown its needs cannot otherwise be met. The goal of this prohibition is to avoid favoritism.

In this video our speaker, Drew W. Colby, Esq., reviews late bids and proprietary specifications of owner errors. He also discusses key issues with proprietary specifications challenges and how to determine whether it is, indeed, proprietary including whether only one bidder has access to particular part due to exclusivity agreement with vendor of that part, among other issues.

Drew W. Colby, Esq. is a partner and co-chair of Construction Group at Partridge Snow & Hahn LLP (www.psh.com). His practice is devoted to the construction industry including drafting and negotiating contracts, handling payment disputes, mechanic’s liens and bond claims, sub-standard performance claims, bid protest claims, and insurance issues with respect to public, commercial, and residential project. Mr. Colby has achieved the highest rating in the Martindale-Hubbell® Law Directory which represents the highest possible rating on both legal ability and ethics based upon the confidential opinion of peers and judges.
Runtime: 9 minutes

Faculty

Drew W. Colby, Esq.

Drew W. Colby, Esq.

Kenney & Sams, P.C.