45-1947. Construction work and purchases by bid only; exceptions; award of contract; bond

A. The construction of projects or facilities undertaken by the authority shall be by contract and not by force account. The authority may enter into contracts for construction work exceeding twenty-five thousand dollars only after notice published for at least ten days, except in cases of emergency to prevent imminent loss or danger. All such contracts shall be let by public bid to the lowest responsible bidder. The authority may call for sealed bids and may accept or reject any bid. Bids shall be accompanied by a reasonable bid bond in an amount the authority demands. This subsection does not apply to any contracts entered into with a state or federal agency, a political subdivision or an Indian tribe.

B. All purchases and contracts made by the authority for material or services other than personal services shall be made after advertising in such manner and at such times sufficiently in advance of opening bids as the authority deems adequate to ensure appropriate notices and an opportunity for competition. Advertisement is not required, but the purchase or procurement may be made in the open market, in any of the following cases:

1. An emergency requiring immediate delivery of the material or performance of the services.

2. Repair parts, accessories or supplemental equipment or services that are required for material or services previously furnished or contracted for.

3. If the aggregate amount involved in the purchase of material or procurement of services does not exceed twenty-five thousand dollars.

C. In comparing bids and in making awards the authority shall give due consideration to such factors as:

1. The relative quality and adaptability of materials or services.

2. The bidder's financial responsibility, skill, experience, record of integrity in dealing and ability to furnish repair and maintenance services.

3. The time of delivery or performance offered.

4. Whether the bidder has complied with the specifications.

D. Subsection B does not apply to any contracts entered into with a state or federal agency, a political subdivision or an Indian tribe.

E. The authority shall protect its interests by providing for and securing such bond or bonds as are required under title 34, chapter 2, article 2.