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1931 Arizona Attorney General Reports and Opinions [i] (1931)

handle is hein.sag/sagaz0052 and id is 1 raw text is: April 10, 1931 Mr. C E. Addams, 4hairman Arizona State Highway Commission Phoenix, Arizona Dear Sirs In reply to your oral request for my opinion as to the meaning of the term lowest responsible bidder as used in Paragraph 1565, R. C, A. 1928, I advise you as follows: By the term lowest responsible bidder, as used in Paragaph 1565, supras In my opinion, is meant the bidder whose bid is lowest in amount, and who Is pecuniarily respon- sible, who is possessed of the ability from the standpoint of skills judgment and integrity to best perform the work required by the undertaking so that the best interests of the State should suffer no damage. The determination of who is the lowest responsible bidder* rents In the reasonable discretion of the Arisna State Highway Commission, but It does not, however, rest in the arbitrary unlimited discretion of the Cmmission, but upon the exercise of a bona fide judgment, based upon facts tending reasonably to support such determin~tion. If, in the exeroise of such reasonable discretion and after a proper and thorough investigation of the responsibility of the bidder whose bid is lowest in amount, it shall find that such bidder Is not the *lowest responsible bidder, then the bid of this bidder must be rejected and the undertaking awarded to the next lowest bidder in amount who is responsible. If the determination of the responsibility of the lowest bldder in amount is determined upon a reasonable esueise of disoetion, and it is found by the Counsdsion that he is not the lewest responsible bidder, and the undertaking is awarded to the next bidder in amount# who is responsinle, the courts will not disturb the finding of the Cmissioa that the lowest bidder in amount was not responsible. When the Commission has exercised its discretion in the award- Ing o such an undertaking, the presumption arises that its action was legal, and a party asserting the contrary has a burden of overcoming the resumption by proof that the Commis- sion acted without jurisdiction or fraudulently. Very truly yours, Attorney General. By Assistant Attorney General. RBSIS

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