Title 32, Chapter 2, Section 69
( 32-2-69)
(a) The department shall award the contract to the lowest reliable
bidder, provided that the department shall have the right to reject
any and all such bids whether such right is reserved in the public
notice or not and, in such case, the department may readvertise,
perform the work itself, or abandon the project. (b) If only one bid is received, the department shall open and read
the bid. If the bid is at or below the department's cost estimate
for the project as certified by the chief engineer, such cost
estimate shall be read immediately and publicly. If the bid exceeds
the department's cost estimate for the project, the department may
negotiate with the bidder to establish a fair and reasonable price
for the contract, provided that the resulting negotiated contract
price is not greater than the bid and that the department's cost
estimate is disclosed to the bidder prior to the beginning of the
negotiations. (c) If the department made errors in the bidding documents which
resulted in an unbalanced bid, the department may negotiate with the
lowest reliable bidder to correct such errors, provided that the
lowest reliable bidder is not changed. (d) If the lowest reliable bidder is released by the department
because of an obvious error or if the lowest reliable bidder refuses
to accept the contract and thereby forfeits the bid bond, the
department may award the contract to the next lowest reliable
bidder, readvertise, perform the work itself, or abandon the
project. |