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John A. Northen, Esquire <br />Page 2 <br />December 5, 1997 <br />O.C. Mitchell was represented at the bid opening. No bidder <br />stated or in any other way indicated that they had not received <br />both Addenda numbers 1 and 2. Mr. Chris Sparks, the president of <br />O.C. Mitchell, Jr., has since provided confirmation to Orange <br />County that O.C. Mitchell received both addenda before it <br />submitted its bids and that the changes to the project described <br />in the addenda are included in its bids. <br />The obvious purpose of the requirement contained in each of <br />Addenda number 1 and number 2 that their receipt be acknowledged <br />on the bid form is to ensure Orange County that the bids <br />submitted include the requirements contained in the addenda. <br />This has been more than assured in this bidding process and <br />thereafter. Considering all of the facts and circumstances <br />surrounding the bidding of this project, O:C. Mitchell's-omission <br />of the addenda acknowledgment on the bid forms, although <br />technically not in compliance with the instructions to bidders, <br />does not justify disqualifying O.C. Mitchell's bids. <br />Resolute also contends that O.C. Mitchell's bids should be <br />disqualified because O.C. Mitchell submitted its bids in one <br />envelope marked Single Prime and that the same bid form was used <br />by O.C_. Mitchell for its multi-prime general bid and its single- <br />prime combi"n`ed bid. Orange County was fortunate to receive eight <br />single-prime bids for this project. It also received one <br />complete "set" of multi-prime bids (there was only one bid-for <br />mechanical contract work). The sole purpose of requiring multi- <br />prime and single-prime bids to be submitted separately and in <br />separate envelopes is to ensure that the minimum number of bids <br />necessary for (1) a bid opening and (2) a bid award have been <br />received. Since there were more than three single-prime bids <br />received and in envelopes marked single-prime, the minimum bid -- <br />requirements were met. Further, the requirement to open the <br />multi-prime bids (the law expressly prohibits opening a-ny multi- <br />prime bid unless there is at least one full "set" of multi-prime_ <br />bids) was also met in that there was a complete set of multi- <br />prime bids submitted in envelopes marked multi-prime. <br />Considering all of the facts and circumstances surrounding the <br />bidding of this project, O.C. Mitchell's-submitting its single- <br />prime and multi-prime general bids on one bid form and in one <br />envelope marked Single Prime, although technically not in <br />compliance with the instructions to bidders, does not justify the <br />disqualification of the O.C. Mitchell bids. <br />It is my opinion that Orange County cannot disqualify the <br />O.C. Mitchell bids. The questions you raise on behalf of <br />Resolute are ones that I think point out minor irregularities in <br />