State ex rel. Stricker v. Hanson

858 S.W.2d 771, 1993 Mo. App. LEXIS 1060, 1993 WL 264891
CourtMissouri Court of Appeals
DecidedJuly 13, 1993
DocketNo. WD 47202
StatusPublished
Cited by9 cases

This text of 858 S.W.2d 771 (State ex rel. Stricker v. Hanson) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State ex rel. Stricker v. Hanson, 858 S.W.2d 771, 1993 Mo. App. LEXIS 1060, 1993 WL 264891 (Mo. Ct. App. 1993).

Opinion

ULRICH, Judge.

William E. “Wes” Strieker, M.D., and Ozark Management, Inc., (“Appellants”) appeal the grant of summary judgment entered by the Cole County Circuit Court in favor of James R. Moody, Commissioner of Administration,1 and the Office of Administration (“Respondents”). This appeal concerns the award of a public contract by Respondents for a helicopter lease. Appellants contend that the trial court erred in quashing its preliminary writ of mandamus and in denying Appellants’ request for in-junctive relief because “as a matter of law, the award of the public contract to Helicopters, Inc. was unlawful, thereby rendering the contract void.” The judgment of the trial court is reversed, and the cause is remanded with directions that the trial court enjoin Respondents from utilizing the services of Helicopters, Inc., as provided in the contested contract.

In the spring of 1992, staff members of the Missouri Department of Conservation advised Respondents that they wanted to lease helicopter services. In early April of 1992, Respondents received a Purchase Requisition from the Department of Conservation describing the general lease terms desired and the technical specifications the helicopter needed to meet. The requisition stated on the first page, “Aircraft to be a Bell Jet Ranger, Model 206B.” With respect to the identification of the helicopter to be provided under the contract, the requisition stated:

General
Bidder to provide the following information about helicopter being offered:
a. Make_
b. Model_
c. Year_
d. Hull Value $_(to determine insurance requirements)

The requisition also contained limitations on the number of hours allowed on the engine since overhaul and on the airframe and required that no normal major helicopter component changes could be due during the lease period.

An Invitation for Bid (IFB) was prepared by Respondents and disseminated to nine potential bidders. The Technical Specifications section of the IFB (Part IV) stated in part that “[t]he helicopter must be a four-place turbine-powered unit, either a Bell Jet Ranger 206B, as per the specifications listed below.” However, the IFB incorporated the standard State of Missouri Terms and Conditions of an Invitation for Bid. One condition provided that “[a]ny manufacturer’s names, trade names, brand names, information and/or catalogue numbers listed in a specification are for informational purposes only and ... [t]he bidder may offer any brand which meets or exceeds the specification of any item.” Thus, the technical specifications detailed in the IFB could have been met by a number of helicopters including a Bell Jet Ranger 206B. II, a Bell Jet Ranger 206B III, and helicopters manufactured by companies other than Bell.

[773]*773The only place in the IFB for identification of the helicopter proposed to be provided under the lease was included in the Special Instructions to Bidders (Part III). The paragraph under which this information was to be provided was entitled “Insurance:”

8. Insurance:

8.1 The State of Missouri will provide Hull Insurance. Complete the following information for the helicopter offered for lease:
Make: _
Model: _
Year: _
Serial Number: _
Hull Value: $_

The IFB contained the same limitations on hours and component part changes as the requisition and requested that the bidders designate a cost per hour for the first 300 hours of service as well as an hourly cost for each hour in excess of 300 hours.

As to the process to be followed in awarding the contract, the IFB provided:

The bidder must respond to this IFB by submitting all data required herein in order for his/her response to be evaluated and considered for award.
* * * * * *
The bidder should present in detail all products and services proposed in this response to this invitation. It is the bidder’s responsibility to make sure all products proposed are adequately described.
* * * * * *
Any contract resulting from this request shall be awarded to the bidder’s response providing the lowest and best bid to the State of Missouri.

In addition to providing that the bidder may offer any brand of helicopter which met or exceeded the specifications, the State of Missouri Terms and Conditions of an Invitation for Bid attached to the IFB provided:

* * # * sfc *
A bid may be modified or withdrawn by written notice received prior to the official closing date and time specified.... Verbal phone requests to withdraw or modify a bid will not be considered.
* 3⅜ * * * *
After the official closing date and time, no bid may be modified or withdrawn.
* ⅝: * * s£ *
As the best interest of the State may require, the right is reserved ... to reject any and all bids or waive any minor irregularity or technicality in bids received.
* * # * * *
Awards will be made to the bidder whose
bid (1) meets the specifications and all other requirements of the IFB and (2) is the lowest and best bid, considering price, responsibility of the bidder and all other relevant factors.

In accordance with the IFB, the bidding process was closed on May 5, 1992, at 2:00 p.m. Four bids were received by Respondents before the official closing time, including two proposals from Appellants and one from Helicopters, Inc.2 One of the bids from Appellants stated in response to the paragraph on insurance that Appellants would provide a 1979 Bell Jet Ranger 206B III, serial number 2875, having a hull value of $595,000. In their second bid, Appellants offered to provide a 1978 “McDonald [sic] Douglas” Hughes 500D, serial number 500-273 (N345), having a hull value of $595,000. Appellants also included as part of their bid package on the Bell Jet Ranger 206B III information on the number of hours on the engine and the airframe and the type of equipment contained on the helicopter beyond that required by the IFB.

Helicopters, Inc., responded to the paragraph of the IFB requesting information on the helicopter for insurance purposes by stating, “To be determined. Helicopters, Inc. has not determined which aircraft by serial number will be placed on the contract. The helicopter provided will meet or [774]*774exceed all specifications as outlined in Part IV, technical specifications.” In response to another section of the IFB, Helicopters, Inc., certified that all of its mechanics were “Bell Factory trained” and stated that the hull value of the helicopter offered would be $375,000. As for the aircraft hour and component part change limitations, Helicopters, Inc., agreed “Aircraft to be provided will not have any major component changes due.

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858 S.W.2d 771, 1993 Mo. App. LEXIS 1060, 1993 WL 264891, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-stricker-v-hanson-moctapp-1993.