2006 Nebraska Revised Statutes - § 18-2442 — Construction and other contracts; cost estimate; sealed bids; when; exception.

Section 18-2442
Construction and other contracts; cost estimate; sealed bids; when; exception.

Before any agency shall enter into any contract for the construction, reconstruction, remodeling, building, alteration, maintenance, repair, extension, or improvement of any project, power plant or system, or irrigation works, or any part or section thereof, for the use of the agency, or for the purchase of any materials, machinery, or apparatus to be used in such construction, reconstruction, remodeling, building, alteration, maintenance, repair, extension, or improvement, such agency shall cause estimates of the cost thereof to be made by some competent engineer or engineers. If such estimated cost shall exceed the sum of one hundred thousand dollars, no such contract shall be entered into without advertising for sealed bids, except that with respect to contracts entered into by an agency in the exercise of its rights and powers, relating to radioactive material or the energy therefrom, relating to any technologically complex or unique equipment contracts, or relating to any maintenance or repair contracts, if such engineer or engineers shall certify that by reason of the nature of the subject matter of the contract compliance with this section would be impractical and not in the public interest, and the engineer's certification is approved by a two-thirds vote of the board, then sections 18-2442 to 18-2444 shall not apply, and the agency shall advertise notice of its intention to enter into such contract, the general nature of the proposed work, and the name of the person to be contacted for additional information by anyone interested in contracting for such work. Any contract for which the board has approved such engineer's certificate shall be advertised in three issues not less than seven days between issues in one or more newspapers of general circulation in the municipality or county where the principal office or place of business of the agency is located, or if no newspaper is so published then in a newspaper qualified to carry legal notices having general circulation therein, and in such additional newspapers or trade or technical periodicals as may be selected by the board in order to give proper notice of its intention to enter into such contract, and any such contract shall not be entered into prior to twenty days after the last advertisement. With respect to contracts in excess of one hundred thousand dollars entered into for the purchase of any materials, machinery, or apparatus to be used in the construction, reconstruction, remodeling, building, alteration, maintenance, repair, extension, or improvement of any power plant or system, or irrigation works, or any part or section thereof when the contract does not include onsite labor for the installation thereof, if, after advertising for sealed bids, no responsive bids are received or if the board of directors of such agency determines that all bids received are in excess of the fair market value of the subject matter of such bids, then the provisions of sections 18-2442 to 18-2444 shall not apply. Notwithstanding any other provision of sections 18-2442 to 18-2444, an agency may purchase used equipment and materials on a negotiated basis without advertising or sealed bidding upon certification by an engineer that such equipment is or such materials are in compliance with standards established by the board. A written statement containing such certification shall be submitted to the board by the engineer for the board's approval.

Source:

Laws 1981, LB 132, § 42

Laws 1999, LB 566, § 1

~Revised Statutes Cumulative Supplement, 2006