If you’ve ever submitted a bid for a public contract, you’ve no doubt heard the term “lowest responsive, responsible bidder.” In this context, what does “responsive” mean?
“Responsive” concerns whether a bid complies with the requirements specified in a bid invitation. Before a public bid can be accepted, it must be “responsive” to the bidding specifications, i.e., it must satisfy the mandatory terms, conditions, and instructions contained in the invitation to bid. If a bid fails to adhere to the mandatory bidding requirements, the bid is deemed “non-responsive” and must ordinarily be rejected, except in the rare circumstances where waiver of the bid defect is permitted.
Why is this important? Compliance with bidding instructions guarantees that contract awards will be made fairly and economically. First, with clear-cut ground rules for competition among bidders, none of them will obtain an unfair advantage from a special knowledge of the bidding requirements. Second, the principle of strict adherence to the bid instructions reduces the possibility of fraud, corruption, or favoritism in favor of one bidder over another.
Bids that are missing critical pricing information, or an authorized signature of the bidder are prime examples of non-responsive bids. A bid that fails to include a bid bond, that contains a counter-offer that deviates from the specifications of the bid, or that fails to include a required form, such as a signed addendum, may also be deemed non-responsive. A determination that a bid is non-responsive is typically considered final, and is normally not subject to any review or administrative appeal by the rejected bidder. The concept of bid responsiveness was described in Nielson v. Womer, 46 Pa. Cmwlth. 283, 406 A.2d 1169, 1171 (1979):
Since Aardvark’s bid failed to comply with the bidding specifications in that it did not provide “evidence of non-cancellable agreement . . . for the life of the contract,” defendants could properly have rejected it. It is equally well settled that a defective bid cannot be remedied once the bids have been opened
If you need assistance with a bidding issue, feel free to call or email me. I’ll be happy to assist in anyway possible.
Christopher I. McCabe, Esq.
