Q The board of Supervisors requires financial institution bidding to be a county depository to include a certificate issued by the State Treasurer attesting that it meets the statutory capital ratio requirements. If a bidder fails to submit this certificate, may the bid be considered?

A Since no mandatory statutory provisions will be violated, the board may waive the irregularity and consider the bid if it finds that the failure to enclose a copy of the State Treasurerís certificate with the bid (1) does not destroy the competitive character of the bid; (2) has no effect on the amount of the bid; and (3) does not give one bidder an advantage over the other bidders. (Attorney Generalís Opinion to Martin, dated February 10, 2012)