RES-1998-005 Regarding Request to Disqualify the Proposals of O C Mitchell Jr Inc for the Renovation of Skills Development Center 02-25-1998

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LAW OFFICES COLEMAN, GLEDHILL & HARGRAVE A PROFESSIONAL CORPORATION 129 E. TRYON STREET P. O. DRAWER 1529 HILLSBOROUGH, NORTH CAROLINA 27278 919-732.2196 FAX 919.732.7997 January 13, 1998 John E. Bugg, Esquire Bugg & Wolf, P.A. Post Office Box 2917 Durham, North Carolina 27715. FROM 7HE DESK OF GEOFFREY E. GLEDHILL RE: Orange County Skills Development Center, Chapel Hill, North Carolina - Resolute Building Company Objection to Bids Dear John: Thank you for your December 15, 1997 letter adding your opinion to that of John Northen's to the effect that Orange County is required under the law to reject the bid of O.C. Mitchell, Jr., Inc. for the construction project Orange County plans for its Skills Development Center. I have reviewed the reasoning for your opinion. I respectfully disagree with your conclusion. As you know, North Carolina law establishes a process for a bidder to withdraw a bid. If the bidder satisfies the statutory standard for withdrawal, the bid may be withdrawn and without the bidder forfeiting the bid security. That standard is as follows: [I~f the price bid was based upon mistake, which constituted a substantial error, provided the bid was submitted in good faith, and the bidder submits credible evidence that the mistake was clerical in nature as opposed to a judgment error, and was actually due to an unintentional and substantial arithmetic error or an unintentional omission of a substantial quantity of work, labor, material or services made directly in the compilation of the bid, which unintentional arithmetic error or unintentional omission can be clearly shown by objective evidence drawn from inspection of the original work papers, documents or materials used in'the preparation of the bid sought to be withdrawn.