28-6713

28-6713. Bids for construction,
reconstruction, equipment or supplies; procedure; bond;
exceptions

(L03, Ch. 154, sec. 1. Eff. until 10/1/11)

A. Except as provided in subsection G of this section, in a county with a
population of two hundred fifty thousand persons or more as determined by the most recent
United States decennial census or the most recent special census as provided in section
28-6532, bids for all items of construction or reconstruction involving an expenditure
equal to or greater than the amount determined pursuant to subsection B of this section,
all purchases or other acquisition of equipment involving an expenditure of more than
five thousand dollars and all purchases of supplies and materials involving an
expenditure of two thousand five hundred dollars or more shall be called for by
advertising in a newspaper of general circulation in the county for two consecutive
publications if it is a weekly newspaper, or for two publications of at least six but not
more than ten days apart if it is a daily newspaper. The advertisement shall state
specifically the character of the work to be done and the kind and quality of materials
or supplies to be furnished.

B. Bids shall be called pursuant to subsection A of this section for all items of
construction or reconstruction involving an expenditure of:

1. In fiscal year 1985-1986, thirty-five thousand dollars.

2. In fiscal year 1986-1987 and each fiscal year thereafter, the amount provided in
paragraph 1 of this subsection adjusted by the annual percentage change in the GDP price
deflator as defined in section 41-563.

C. If the board of supervisors receives a satisfactory bid, it shall contract with
the lowest responsible bidder after the contractor or supplier gives any bond required by
title 34, chapter 2, article 2, except that in counties with a population of more than
one million persons according to the most recent United States decennial census, in
determining the lowest responsible bidder under this section, the board may consider, for
no more than five projects, the time of completion proposed by the bidder, the value over
time of completed services and facilities and the value over time of interrupted
services, if the board determines that this procedure will serve the public interest by
providing a substantial fiscal benefit or that the use of the traditional awarding of
contracts is not practicable for meeting desired construction standards or delivery
schedules and if the formula for considering the time of completion is specifically
stated in the bidding information. The board may reject any or all bids and readvertise.

D. The board of supervisors, a member of the board of supervisors or any other
official or agent of a county affected by this section shall not segregate or divide into
separate units a contiguous or continuous portion of highway construction or
reconstruction or divide into separate portions an item of equipment or generally
recognized unit of supplies or material to avoid the restrictions imposed by subsection A
of this section.

E. The board of supervisors, a member of the board of supervisors or any other
official or agent of a county affected by this section shall make every effort to combine
the following:

1. Separate portions of highway construction or reconstruction projects.

2. Items of equipment, supplies and materials.

F. After a contract has been awarded, the board of supervisors' authorized
representative may authorize change orders to the contract if necessary pursuant to
guidelines set by the board of supervisors. This authority does not permit the board of
supervisors' authorized representative to act independently to award new contracts.

G. A building, structure, addition or alteration may be constructed without
complying with the bidding requirements of this section if the construction, including
construction of buildings or structures on public or private property, is required as a
condition of development of private property and is authorized by section 9-463.01 or
11-806.01. For the purposes of this subsection, building does not include any police,
fire, school, library or other public building.

H. Subsections A, B and C of this section do not apply to procurement of
construction-manager-at-risk, design-build and job-order-contracting construction
services pursuant to title 34, chapter 6.