Q Our municipality has received bids for a building construction project that entails three distinct components. The lowest bid has a discrepancy in that the total bid is more than the sum of the three components. According to the bidder, the total is correct. Does the city have the discretion to waive the irregularity between the total and component prices and award the bid based on the total amount?

A Factual determinations regarding bid errors and irregularities are determinations to be made by the municipal governing authorities subject to review by a court of competent jurisdiction. Assuming that the city finds that the intended correct bid is evident on the face of the bid document and that the subject discrepancy constitutes an irregularity that may be waived, it may waive the discrepancy and accept the bid in an amount that reflects the “intended correct bid.” (Attorney General’s Opinion to Gilmore, September 24, 2019)