Burgin, 013175 MSAGO, 1975-0001

Case DateJanuary 31, 1975
CourtMississippi
Burgin, Gholson, Hicks & Nichols
No. 1975-0001
Mississippi Attorney General Opinions
January 31, 1975
         Honorable Dewitt T. Hicks, Jr.          Burgin, Gholson, Hicks & Nichols          Attorneys at Law          P. O. Box 32          Columbus, Mississippi 39701          Dear Mr. Hicks:          Attorney General Summer has received your letter of request dated January 29, 1975, and has assigned it to me for research and reply.          Due to the rather lengthy factual explanation behind your letter of request, I am reproducing your letter in its entirety as follows:
         “This letter will confirm our telephone conference with your office today wherein the City of Columbus respectfully requests your opinion on a legal matter involving a fire station in the City of Columbus.          “As we advised, our firm represents the City of Columbus, and the Mayor and City Council have requested that we write your office to determine whether material or substantial changes in plans and specifications can be made after bids have been made but before any acceptance thereof and negotiations be entered into with the low bidder without a new advertisement that would give all bidders an opportunity to bid upon the altered plans and specifications.          “The facts are that the City of Columbus advertised for bids for a fire station on Military Road in Columbus. Three (3) bids were received, and there was approximately $1,500 difference between the low and second bid and approximately $3,000 difference in the second and third bidders. After opening of the bids, the low bidder's representatives contacted the Public Works Office; and discussions were held under the terms whereof certain items were proposed to be deleted from the plans and specifications, thereby reducing the amount of the low bid by approximately $11,958. A few months ago, the City of Columbus and the Light and Water Commission wanted to enter into negotiations with a low bidder under a similar factual situation. Honorable W. E. Bearden, Jr., the Light and Water Commission attorney and a former City attorney for many years here, and our firm independently attempted to research this question. We were both of the opinion that substantial changes in the plans could not be made and negotiations held with the low bidder prior to the award of the contract but that the job would have to be rebid thereby giving all bidders an equal opportunity to bid on the modified plans and specifications.
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