12-2828. Letting of certain contracts; bids; exceptions.
12-2828
12-2828. Letting of certain contracts; bids; exceptions.
All contracts for the sale of property of the value of more than two
thousand five hundred dollars ($2,500) or for any concession in or lease of
property of the authority for a term of more than one year shall be awarded
to the highest responsible bidder, after advertising for bids. All
construction contracts and contracts for supplies, materials, equipment and
services, when the expense thereof will exceed two thousand five hundred
dollars ($2,500), shall be let to the lowest responsible bidder, after
advertising for bids, excepting (1) when by vote of at least four members
of the board, it is determined that an emergency requires immediate
delivery of supplies, materials or equipment or performance of services;
(2) when repair parts, accessories, equipment or services are required for
equipment or services previously furnished or contracted for; (3) when the
nature of the services required is such that competitive bidding is not in
the best interest of the public, including, without limiting the generality
of the foregoing, the services of accountants, architects, attorneys,
engineers, physicians, superintendents of construction, and others
possessing a high degree of skill; (4) when services such as water, light,
heat, power, telephone or telegraph are required.
All contracts involving less than two thousand five hundred dollars
($2,500) shall be let by competitive bidding whenever possible, and in any
event in a manner calculated to insure the best interests of the public.
In determining the responsibility of any bidder, the board may take into
account past record of dealings with the bidder, experience, adequacy of
equipment, ability to complete performance within the time set, and other
factors besides financial responsibility, but in no case shall any such
contract be awarded to any other than the highest bidder (in case of sale,
concession or lease) or the lowest bidder (in case of purchase or
expenditure) unless authorized or approved by a vote of at least four
members of the board, and unless such action is accompanied by a statement
in writing setting forth the reasons for not awarding the contract to the
highest or lowest bidder, as the case may be, which statement shall be kept
on file in the principal office of the authority and open to public
inspection.
Contracts shall not be split into parts involving expenditure of less
than two thousand five hundred dollars ($2,500) for the purpose of avoiding
the provisions of this section, and all such split contracts shall be void.
If any collusion occurs among bidders or prospective bidders in restraint
of freedom of competition, by agreement to bid a fixed amount or to refrain
from bidding, or otherwise, the bids of such bidders shall be void. Each
bidder shall accompany his or her bid with a sworn statement that he or she
has not been a party to any such agreement.
The board shall have the right to reject all bids and to readvertise for
bids. If after such readvertisement no responsible and satisfactory bid,
within the terms of the advertisement, shall be received, the board may
award such contract without competitive bidding, provided that it shall not
be less advantageous to the authority than any valid bid received pursuant
to advertisement.
History: L. 1955, ch. 118, § 28; L. 1970, ch. 366,
§ 11; April 1.