60-2-112. Competitive bidding. (1) Except as provided in subsections (2) through (4), when the estimated cost of any work exceeds $50,000, the commission shall let the contract by competitive bidding to the lowest responsible and responsive bidder. Award must be made upon the notice and terms that the commission prescribes by its rules. However, except when prohibited by federal law, the commission shall make awards and contracts in accordance with 18-1-102 and 18-1-112.
     (2) The commission may let a contract by means other than competitive bidding if it determines that special circumstances so require. The commission shall specify the special circumstances in writing.
     (3) The commission may enter into contracts with units of local government for the construction of projects without competitive bidding if it finds that the work can be accomplished at lower total costs, including total costs of labor, materials, supplies, equipment usage, engineering, supervision, clerical and accounting services, administrative costs, and reasonable estimates of other costs attributable to the project.
     (4) The commission may delegate to the department the authority to enter, without competitive bidding, agreed-upon price contracts for projects costing $50,000 or less.

     History: En. Sec. 9-102, Ch. 197, L. 1965; amd. Sec. l, Ch. 278, L. 1974; amd. Sec. 150, Ch. 316, L. 1974; R.C.M. 1947, 32-4102; amd. Sec. 5, Ch. 23, L. 1979; amd. Sec. 1, Ch. 598, L. 1983; amd. Sec. 2, Ch. 87, L. 1985; amd. Sec. 1, Ch. 286, L. 1995; amd. Sec. 20, Ch. 443, L. 1997.