81-1108.55. Competitive bids; award to lowest responsible bidder; elements considered; procurement reports.
All purchases, leases, or contracts which by law are required to be based on competitive bids pursuant to section 81-1108.16 shall be made to the lowest responsible bidder, taking into consideration the best interests of the state, the quality or performance of the property proposed to be supplied, its conformity with specifications, the purposes for which required, and the times of delivery. In determining the lowest responsible bidder, in addition to price, the following elements shall be given consideration:
(1) The ability, capacity, and skill of the bidder to perform the contract required;
(2) The character, integrity, reputation, judgment, experience, and efficiency of the bidder;
(3) Whether the bidder can perform the contract within the time specified;
(4) The quality of performance of previous contracts;
(5) The previous and existing compliance by the bidder with laws relating to the contract;
(6) The life-cost of the property in relation to the purchase price and specific use of the item;
(7) The performance of the property, taking into consideration any commonly accepted tests and standards of product usability and user requirements;
(8) Energy efficiency ratio as stated by the bidder for alternative choices of appliances or equipment;
(9) The information furnished by each bidder, when deemed applicable by the State Building Administrator, concerning life-cycle costs between alternatives for all classes of equipment, evidence of expected life, repair and maintenance costs, and energy consumption on a per-year basis; and
(10) Such other information as may be secured having a bearing on the decision to award the contract.
Reports regarding procurements made pursuant to this section shall be provided to the Department of Environment and Energy. Such reports shall be in the form and contain such information as the Department of Environment and Energy may require.
All political subdivisions may follow the procurement principles set forth in this section if they are deemed applicable by the official authorized to make purchases for such political subdivision.
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