Fieldturf, Inc. v. STATE, DEPT. OF ADMIN.

94 P.3d 690, 140 Idaho 385, 2004 Ida. LEXIS 122
CourtIdaho Supreme Court
DecidedJune 30, 2004
Docket28584
StatusPublished
Cited by1 cases

This text of 94 P.3d 690 (Fieldturf, Inc. v. STATE, DEPT. OF ADMIN.) is published on Counsel Stack Legal Research, covering Idaho Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Fieldturf, Inc. v. STATE, DEPT. OF ADMIN., 94 P.3d 690, 140 Idaho 385, 2004 Ida. LEXIS 122 (Idaho 2004).

Opinions

SUBSTITUTE OPINION

THE COURT’S PRIOR OPINION

DATED JUNE 18, 2004 IS HEREBY WITHDRAWN.

KIDWELL, Justice.

The Respondent, State of Idaho, Department of Administration, Division of Public [386]*386Works, (DPW) conducted “a bid invitation and proposal” for the turf replacement at Boise State University’s (BSU) Bronco Stadium. The Appellant, Fieldturf, claims it was the lowest responsible and responsive bidder, and DPW’s invitation to bid violated I.C. § 67-2309. Fieldturf appeals from a grant of summary judgment by the district court. The Judgment of the district court is affirmed on alternative grounds.

I.

FACTUAL AND PROCEDURAL BACKGROUND

In February 2002, the Respondent, DPW, advertised for bids to complete the turf replacement at BSU’s Bronco Stadium. The Appellant, Fieldturf, Inc., (Fieldturf) and its competitor, Southwest Recreational Industries, Inc., (SRI) were the only bidders to the turf replacement project. “Astroturf,” manufactured by SRI, and “Fieldturf,” manufactured by Fieldturf were products approved by DPW for the project.

The invitation for bids prepared by DPW requested bids on a primary proposal and five additional Alternative proposals, including: (1) inlaid hashmarks; (2) inlaid endzone letters; (3) inlaid centerfield logo and WAC logo; (4) elastic layer shock pad; and (5) secondary pile yarn. The primary proposal is the base project, and the Alternative proposals, or Alternate bids, are additional work that DPW can request that will either add or detract from the overall cost. In other words, Alternatives are additional optional projects to be done by the successful bidder at the option of DPW.

The bidding instructions required that “[a]ll requested Alternatives shall be bid.” If an Alternative did not change the base bid, the documents instructed the bidder to enter “No Change” on the bid form. Also, “[sjums shall be expressed in both words and figures. In case of discrepancy, the amount written in words shall govern.” The instructions provided that a “Bid which is in any way incomplete or irregular is subject to rejection.” The bid instructions further advised potential bidders that the project contract would be awarded to the lowest qualified bidder who bid in accordance with the bidding documents and whose bid did not exceed available funds. Additionally, the instructions required that “the Bidder shall carefully study and compare the Bidding Documents with each other ... and shall at once report to the Architect errors, inconsistencies or ambiguities discovered.” “Bidders ... requiring clarification or interpretation of the Bidding documents shall make a written request which shall reach the Architect at least seven days prior to the date for receipt of Bids.”

SRI bid the primary proposal and all five Alternatives. Fieldturf bid the primary proposal and Alternatives One, Two, and Three. Fieldturf did not provide a price for Alternatives Four and Five; rather, Fieldturf placed the numeric figure zero (0) in the numeric figure space. Fieldturf s bid proposal stated “NOT APPLICABLE” in the blanks for pricing instead of indicating “No Change,” as the instructions mandated. Attached to Field-turfs Proposed Bid was a letter stating:

We would like at this point, to explain the reason we have not included Alternative 4 (Elastic layer shock pad) to our bid. Field Turf is designed in such a way that a shock pad is not required with our product. However, we are aware that the elastic shock pad is an integral part of the systems offered by our competitors and cannot be excluded from the installation of then.* product at Boise.
Field Turfs patented silica and rubber infill precludes the use of secondary yarn, therefore, we have not submitted a price for .Alternate 5.

Fieldturfs total bid price was $161,215.03 less than SRI’s total bid price because SRI included additional costs for Alternatives Four and Five.

Following the bidding process, DPW sent a letter to Fieldturf informing them that “[y]our bid for the above project has been determined to be nonresponsive due to failure to submit bids for two Alternatives. The contract has been awarded to Southwest Recreational Industries, Leander, Texas, the low responsive bidder.”

Fieldturf commenced suit in the district court seeking to find that it was the lowest responsive and responsible bidder on DPW’s bid invitation to replace the playing surface at BSU’s Bronco Stadium. Fieldturf also [387]*387requested the district court award it the contract on the project. At hearing, Field-turf also argued that the invitation to bid was defective because it sought a bid for a “patented apparatus or appliance when other materials [were] available”, in violation of I.C. § 67-2309. DPW moved to dismiss the suit, but the district court turned the motion to dismiss into a motion for summary judgment because the court considered matters outside the pleadings. On appeal, Fieldturf contends that the defect in the bid requires that the Court order DPW to reopen bidding on the project without a requirement that Field-turfs bid include a bid for a patented apparatus or appliance.

The district court granted summary judgment in favor of DPW on May 22, 2002. Fieldturf then filed a timely Notice of Appeal on May 30, 2002. Fieldturf also filed a Motion For Reconsideration And Stay Pending Appeal on June 4, 2002. The district court denied Fieldturf s Motion For Consideration.

II.

STANDARD OF REVIEW

“In reviewing the district court’s decision on a motion for summary judgment, the standard of review is whether there are any genuine issues of material fact, and, if not, whether the prevailing party was entitled to a judgment as a matter of law.” Sacred Heart Med. Ctr. v. Boundary County, 138 Idaho 534, 535, 66 P.3d 238, 239 (Idaho 2003). “If the evidence shows no disputed issues of fact, what remains is a question of law, over which the appellate court exercises free review.” Id. Therefore, legal questions resolved by a district court are subject to de novo review by this Court. Doolittle v. Meridian Joint Sch. Dist., 128 Idaho 805, 811, 919 P.2d 334, 340 (1996); see Iron Eagle Dev., L.L.C. v. Quality Design Sys., Inc., 138 Idaho 487, 491, 65 P.3d 509, 513 (2003).

III.

ANALYSIS

Despite A Flawed Invitation For Bids, Fieldturf Failed To Follow Proper Objection Procedures

Although the Boise State University Turf Replacement invitation for bids and bidding instructions were flawed from the outset, Fieldturf failed to follow the objection procedures. DPW’s actions during the bidding process are limited by statute. First, DPW must publish an invitation for bids that includes a project description “and all contractual terms and conditions applicable to the public works.” I.C. § 67-5711C(2) “All construction contracts for public works shall be awarded to the lowest responsible and responsive bidder ...,” after all bids are received by DPW. Id.

Fieldturf claims it was entitled to the turf contract because it was the lowest responsible and responsive bidder.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Fieldturf, Inc. v. STATE, DEPT. OF ADMIN.
94 P.3d 690 (Idaho Supreme Court, 2004)

Cite This Page — Counsel Stack

Bluebook (online)
94 P.3d 690, 140 Idaho 385, 2004 Ida. LEXIS 122, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fieldturf-inc-v-state-dept-of-admin-idaho-2004.