12-2828.   Letting of certain contracts; bids; exceptions.All contracts for the sale of property of the value of more than twothousand five hundred dollars ($2,500) or for any concession in or lease ofproperty of the authority for a term of more than one year shall be awardedto the highest responsible bidder, after advertising for bids. Allconstruction contracts and contracts for supplies, materials, equipment andservices, when the expense thereof will exceed two thousand five hundreddollars ($2,500), shall be let to the lowest responsible bidder, afteradvertising for bids, excepting (1) when by vote of at least four membersof the board, it is determined that an emergency requires immediatedelivery of supplies, materials or equipment or performance of services;(2) when repair parts, accessories, equipment or services are required forequipment or services previously furnished or contracted for; (3) when thenature of the services required is such that competitive bidding is not inthe best interest of the public, including, without limiting the generalityof the foregoing, the services of accountants, architects, attorneys,engineers, physicians, superintendents of construction, and otherspossessing 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 anyevent in a manner calculated to insure the best interests of the public.

      In determining the responsibility of any bidder, the board may take intoaccount past record of dealings with the bidder, experience, adequacy ofequipment, ability to complete performance within the time set, and otherfactors besides financial responsibility, but in no case shall any suchcontract be awarded to any other than the highest bidder (in case of sale,concession or lease) or the lowest bidder (in case of purchase orexpenditure) unless authorized or approved by a vote of at least fourmembers of the board, and unless such action is accompanied by a statementin writing setting forth the reasons for not awarding the contract to thehighest or lowest bidder, as the case may be, which statement shall be kepton file in the principal office of the authority and open to publicinspection.

      Contracts shall not be split into parts involving expenditure of lessthan two thousand five hundred dollars ($2,500) for the purpose of avoidingthe provisions of this section, and all such split contracts shall be void.If any collusion occurs among bidders or prospective bidders in restraintof freedom of competition, by agreement to bid a fixed amount or to refrainfrom bidding, or otherwise, the bids of such bidders shall be void. Eachbidder shall accompany his or her bid with a sworn statement that he or shehas not been a party to any such agreement.

      The board shall have the right to reject all bids and to readvertise forbids. If after such readvertisement no responsible and satisfactory bid,within the terms of the advertisement, shall be received, the board mayaward such contract without competitive bidding, provided that it shall notbe less advantageous to the authority than any valid bid received pursuantto advertisement.

      History:   L. 1955, ch. 118, § 28; L. 1970, ch. 366,§ 11; April 1.