AUTOMATIC MERCHANDISING CORP. v. NUSBAUM

No. 266.

60 Wis.2d 362 (1973)

210 N.W.2d 745

AUTOMATIC MERCHANDISING CORPORATION, APPELLANT, v. NUSBAUM, Secretary of Administration and others, Respondents.

Supreme Court of Wisconsin.

Decided October 2, 1973.


Attorney(s) appearing for the Case

For the appellant there was a brief by Bernstein, Wessel & Lewis and Eliot M. Bernstein, all of Milwaukee, and oral argument by John H. Wessel.

For the respondents there was a brief by Robert W. Warren, attorney general, and Betty R. Brown, assistant attorney general, attorneys for respondents Joe E. Nusbaum, state secretary of administration, John E. Short, state director of the bureau of purchases and services, and R. L. Farnsworth, University of Wisconsin purchasing administrator; and Isaksen, Werner, Lathrop & Heaney, of Madison, attorneys for respondent ITT Canteen Corporation; and oral argument by Ms. Brown for respondents Joe E. Nusbaum, John E. Short and R. L. Farnsworth, and Donald L. Heaney for respondent ITT Canteen Corporation.


ROBERT W. HANSEN, J.

This action and appeal involve what is termed alternative bidding—where the advertisement for bids permits or requires the submission of bids on alternative kinds or qualities of work or materials. The bid-letter reserves the right to select one or the other of the work or materials specified, and need not select the cheaper of the two. The option is reserved to select between the alternatives presented.1

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