In advertising for bids for road contract work, public improvements
work, or for supplies, construction, repairs, and improvements and
in all other cases where bids for supplies or work of any character
whatsoever, are received for the Municipality or any of its departments
or agencies, there shall be fixed not only the day upon which such
bids shall be returned, received, or opened, but also the hour at
which such bids shall close, or be received, or opened, and it shall
be provided that such bids shall be immediately and simultaneously
opened in the presence of the bidders or representatives of the bidders
when the hour is reached for the bids to close; Provided, that where
bids are being opened on more than one contract, the officials having
charge of the opening of such bids may, if they deem it advisable,
award each contract as the bids are opened. (Ref. 73-101 RS Neb.)
When a public contract is to be awarded to the lowest responsible
bidder, a resident bidder shall be allowed a preference over a nonresident
bidder from a state which gives or requires a preference to bidders
from that state. The preference shall be equal to the preference given
or required by the state of the nonresident bidder. Resident bidder
as used herein shall mean any person, partnership, association, or
foreign or domestic corporation authorized to engage in business in
the State of Nebraska and who shall have met the residence requirements
of the state of the nonresident bidders, necessary for receiving the
benefit of that state's preference law on the date when any bid for
a public contract is first advertised or announced, or shall have
had bona fide establishment for doing business within this State for
the length of time established by the state of the nonresident bidders,
necessary for receiving the benefit of that state's preference law
on the date when any bid for a public contract is first advertised
or announced. Any contract entered into without compliance with this
section shall be null and void. The provisions of this section shall
not apply to any contract for any project upon which federal funds
would be withheld because of these provisions. (Ref. 73-101.01, 73-101.02
RS Neb.)
In awarding contracts for public works, all contractors bidding
shall be required to file with the Municipality a statement that they
are complying with, and will continue to comply with, fair labor standards
in the pursuit of his business and in the execution of the contract
on which he is bidding. There shall be written into each and every
contract for public works, in addition to such other provisions as
are necessary and prescribed by law, a provision that in the execution
of such contract fair labor standards shall be maintained. (Ref. 73-102
RS Neb.)
FAIR LABOR STANDARDS – As used herein shall be construed
to mean such a scale of wages and conditions of employment as are
paid and maintained by at least 50% of the contractors in the same
business or field of endeavor as the contractor filing such statement.
(Ref. 73-104 RS Neb.)
It shall be unlawful for any officer or person who may be in
charge of any bids referred to herein prior to the time fixed for
the simultaneous opening, to open prior to such time, or otherwise
disclose to any bidder the contents, amount, or other details of any
rival bid. (Ref. 73-105 RS Neb.)
