§ 24-92-103 — Construction of public projects - invitation for bids

(1) All
construction contracts for public projects that do not receive federal moneys may
be solicited by invitation for bids pursuant to this section.

(2) An invitation for bids shall be issued and shall include a project
description and all contractual terms and conditions applicable to the public
project.

(3) Adequate public notice of the invitation for bids shall be given at least
fourteen days prior to the date set forth therein for the opening of bids, pursuant to
rules. Such notice may include publication by electronic online access pursuant to
section 24-92-104.5 or in a newspaper of general circulation at least fourteen days
prior to bid opening or in an electronic medium approved by the executive director
of the department of personnel.

(4) Bids shall be opened publicly in the presence of one or more witnesses at
the time and place designated in the invitation for bids. The amount of each bid and
such other relevant information as may be specified by rules, together with the
name of each bidder, shall be entered on a record, and the record shall be open to
public inspection. After the time of the award, all bids and bid documents shall be
open to public inspection in accordance with the provisions of sections 24-72-203
and 24-72-204.

(5) Bids shall be unconditionally accepted, except as authorized by
subsection (7) of this section. Bids shall be evaluated based on the requirements set
forth in the invitation for bids, which may include criteria to determine acceptability,
such as inspection, testing, quality, workmanship, delivery, and suitability for a
particular purpose. Those criteria that will affect the bid price and be considered in
the evaluation for award shall be objectively measurable, such as discounts,
transportation costs, and total or life-cycle costs.

(6) Withdrawal of inadvertently erroneous bids before the award may be
permitted pursuant to rules if the bidder submits proof of evidentiary value which
clearly and convincingly demonstrates that an error was made. Except as otherwise
provided by rules, all decisions to permit the withdrawal of bids based on such bid
mistakes shall be supported by a written determination made by the responsible
officer.

(7) The contract shall be awarded with reasonable promptness by written
notice to the low responsible bidder whose bid meets the requirements and criteria
set forth in the invitation for bids. In the event that all bids for a construction project
exceed available funds, as certified by the appropriate fiscal officer, the
responsible officer is authorized, in situations where time or economic
considerations preclude resolicitation of work of a reduced scope, to negotiate an
adjustment of the bid price with the low responsible bidder in order to bring the bid
within the amount of available funds; except that the functional specifications
integral to completion of the project may not be reduced in scope, taking into
account the project plan, design, and specifications and quality of materials.

Legislative History

Source: L. 81: Entire article added, p. 1255, � 1, effective July 1. L. 98: (3) amended, p. 1097, � 11, effective June 1. L. 2009: (3) amended, (SB 09-290), ch. 374, p. 2041, � 7, effective August 5. L. 2013: (1) amended, (HB 13-1292), ch. 266, p. 1400, � 8, effective May 24. L. 2017: (1) amended, (HB 17-1051), ch. 99, p. 352, � 68, effective August 9.