Opinion

Gibson & Associates, Inc. v. State, Department of Transportation & Development

  • 2010 La.App. 1 Cir. 1696
  • 68 So. 3d 1128
  • 2011 La. App. LEXIS 586
  • 2011 WL 2670087
Court
Louisiana Court of Appeal
Filed
May 18, 2011
Status
Published
Author
McDONALD
On the bench
Whipple, McDonald, McClendon
Cited by
4 cases

The opinion

*1142 McDONALD, J.,

agreeing.

| TWhile I agree with the majority in the decision rendered, I take this opportunity to address an issue I find somewhat troubling and perplexing. As noted by the majority in footnote 14 and 15, the request for bids had a published estimated cost range for the project of $1,000,000.00 to $2,500,000.00. However, the non-published internal DOTD preconstruction estimate was $976,986.45. Gibson’s bid was well within the published estimated cost range, however it was above the internal DOTD estimate. No one in authority at DOTD, including the chief engineer, could explain this paradox. It is difficult to understand what seems, at best, to be a contradiction. Why would the non-published internal cost estimate be outside the parameters of the published estimated cost range? If the chief engineer is “a little confused” about the process, it is small wonder that we would also not understand it. It is difficult to understand why Gibson’s bid should not have been accepted since it was within the published estimated cost range. As the majority has stated, we are constrained to agree with DOTD that LSA-R.S. 48:255(B)(5)(b) gives the chief engineer the authority to reject all bids that are above the confidential pre-construction internal cost estimate; even if he did not know of any just cause not to award the contract to Gibson. Even though it is statutorily authorized, I find it perplexing and enigmatic.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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