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12-4-111 - Bidding not to include statement that bidder willing to meet lowest bid price Exception where negotiation permitted.

12-4-111. Bidding not to include statement that bidder willing to meet lowest bid price Exception where negotiation permitted.

Any statement or agreement in which the bidder is asked to indicate a willingness to meet the low price, if such bidder is not the low bidder, is adverse to the competitive bidding process and shall not be included in any competitive bid contract or invitation to bid to be awarded by the state, its agencies, departments, political subdivisions, or institutions of higher learning.

     (1)  This section shall apply whether or not the contract to be awarded is a divisible contract.

     (2)  This section shall not apply where negotiation is otherwise permitted by law for negotiated contracts.

     (3)  For the purposes of this section, contracts for the administration of specific service signs pursuant to title 54, chapter 5, part 11, shall not be negotiable.

[Acts 1981, ch. 95, § 1; 1988, ch. 696, § 7.]  

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