41-2533

41-2533. Competitive sealed bidding

A. Contracts shall be awarded by competitive sealed bidding except as otherwise
provided in section 41-2532.

B. An invitation for bids shall be issued and shall include a purchase description
and all contractual terms and conditions applicable to the procurement.

C. Adequate public notice of the invitation for bids shall be given a reasonable
time before the date set forth in the invitation for the opening of bids, in accordance
with rules adopted by the director. The notice may include publication one or more times
in a newspaper of general circulation a reasonable time before bid opening. If the
invitation for bids is for the procurement of services other than those described in
sections 41-2513, 41-2578, 41-2579 and 41-2581, the notice shall include publication in a
single newspaper or in multiple newspapers within this state. The publication shall be
not less than two weeks before bid opening and shall be circulated within the affected
governmental jurisdiction. The notice may also be posted at a designated site on a
worldwide public network of interconnected computers.

D. Bids shall be opened publicly 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 rule, together with the name of each bidder shall be recorded. This record
shall be open to public inspection at the bid opening in a manner prescribed by
rule. The bids shall not be open for public inspection until after a contract is
awarded. To the extent the bidder designates and the state concurs, trade secrets or
other proprietary data contained in the bid documents shall remain confidential in
accordance with rules adopted by the director.

E. Bids shall be unconditionally accepted without alteration or correction, except
as authorized in this chapter. Bids shall be evaluated based on the requirements set
forth in the invitation for bids, including criteria to determine acceptability such as
inspection, testing, quality, workmanship, delivery and suitability for a particular
purpose, as prescribed in rules adopted by the director. The invitation for bids shall
set forth the evaluation criteria to be used, including the weighting of identified
criteria. Evaluation criteria shall not be used for construction and no criteria may be
used in bid evaluation that are not set forth in the invitation for bids.

F. The correction or withdrawal of erroneous bids before or after bid opening,
based on bid mistakes, may be permitted in accordance with rules adopted by the
director. After bid opening, no corrections in bid prices or other provisions of bids
prejudicial to the interest of this state or fair competition shall be permitted. Except
as otherwise provided by rule, all decisions to permit the correction or withdrawal of
bids, or to cancel awards or contracts based on bid mistakes, shall be supported by a
written determination made by the director.

G. The contract shall be awarded to the lowest responsible and responsive bidder
whose bid conforms in all material respects to the requirements and criteria set forth in
the invitation for bids. The amount of any applicable transaction privilege or use tax
of a political subdivision of this state is not a factor in determining the lowest
bidder. If all bids for a construction project exceed available monies as certified by
the appropriate fiscal officer, and the low responsive and responsible bid does not
exceed such monies by more than five per cent, the director may in situations in which
time or economic considerations preclude resolicitation of work of a reduced scope
negotiate an adjustment of the bid price, including changes in the bid requirements, with
the low responsive and responsible bidder, to bring the bid within the amount of
available monies.

H. The multistep sealed bidding method may be used if the director determines in
writing that it is not practicable to initially prepare a definitive purchase description
which is suitable to permit an award based on competitive sealed bidding. An invitation
for bids may be issued requesting the submission of technical offers to be followed by an
invitation for bids limited to those bidders whose offers are determined to be
technically acceptable under the criteria set forth in the first solicitation, except
that the multistep sealed bidding method may not be used for construction contracts.

I. If the price of a recycled paper product which conforms to specifications is
within five per cent of a low bid product which is not recycled and the recycled product
bidder is otherwise the lowest responsible and responsive bidder, the award shall be made
to the bidder offering the recycled product. The director may adopt rules requiring a
five per cent preference for other products made from recycled materials.