How should a municipality proceed when it receives identical low bids?
State law does not address the
possibility of identical bids. Case law favors giving municipalities
discretion under sec. 62.15 to deal with problems in a practical,
sensible way that achieves the statutory goals of preventing fraud,
favoritism, and improvidence in the administration of public business
while still ensuring that the public receives the best work or supplies
at the most reasonable price. Power Systems Analysis, Inc. v. City of Bloomer,
197 Wis.2d 817, 541 N.W.2d 214 (Ct. App. 1995). Accordingly, League
counsel has opined that in the rare event identical low bids for a
public construction project are submitted, the municipality may accept
the bid determined to be most advantageous to the municipality, elect to
choose the successful low bidder by lot, or rebid. Contracts # 317.