Answer |
|
A.1. The Public Bid Law is prohibitory law. Therefore, the District must accept the lowest responsive and responsible bidder, unless it rejects all bids for just cause and begins the process over.
Unless the current low bid is properly disqualified following the procedures outlined in R.S. 38:2212(X), the District cannot award the contract to the second lowest bidder.
A.2. The low bidder may not change or modify his bid amount. Further, the Attorney General has noted that absent an escalation clause in the contract, a contractor is required to honor their bid amount in the contract, and a public entity may not amend the public works contract to pay the contractor material cost increases. Further, the escalation clause should not be added if it was not included in the original bid advertisement. See AG Op. No. 05-0445.
The District should work with its legal counsel, or the District Attorney if it does not have its own counsel, to determine how to proceed.
Louisiana Legislative Auditor website: 06/03/2026 11:35:45 AM
|