|DRAFT CSC, Title 28. Finance|
§ 1301. Short title.
§ 1302. Definitions.
§ 1303. Contracts; Competitive bidding required.
§ 1304. Citizen bidder preference.
§ 1305. Emergencies.
§ 1306. Qualifications of bidders.
§ 1307. Advertisement for bids.
§ 1308. Bids; Opening, rejection.
§ 1309. Bids; Information.
§ 1310. Written contract awarded to lowest responsible bidder.
§ 1311. Committee established.
§ 1312. Effect of restraint of competition.
§ 1313. Effect of advance disclosure of terms of bid.
§ 1314. Assignment of contracts.
§ 1315. Institution of legal actions.
§ 1316. Regulations.
Source: TSL 5-83, § 1, modified.
As used in this
Source: TSL 5-83, § 2, modified.
All contracts for construction projects involving $20,000 or more or for the purchase of personal property involving $50,000 or more made on behalf of any State Government agency shall be let by free and open competitive bidding, by sealed bids, to the lowest responsible bidder in accordance with the provisions of this
Source: TSL 5-83, § 3, modified.
Citizen bidders who qualify to bid under the provisions of this
Source: TSL 5-83, § 4, modified.
In case of emergency affecting public health, safety, or convenience so declared in writing by the Governor upon application by the head of any State Government agency setting forth the nature of the emergency and the danger to the public health, safety, or convenience caused by delay, contracts may be let to the extent necessary to meet the emergency without public advertisement. Such action and the reasons therefor shall immediately be made public by the awarding authority.
Source: TSL 5-83, § 5.
Before any prospective bidder may be entitled to submit a bid for the performance of a contract covered by Section 1303 of this
Source: TSL 5-83, § 6, modified.
Cross-reference: Statutory provisions on administrative procedures are codified in Title 14 of this Code.
Publication of a call for sealed bids shall include posting of notice for at least 10 days in all prominent public places in
Source: TSL 5-83, § 7, modified.
The time of opening sealed bids shall not be less than 30 days after the final publication. All bids shall be sealed and delivered to the contracting officer and, in the presence of all bidders who attend, shall be opened by the Committee the hour and place as stated in the advertisement and may be inspected by any bidder. Any bid which does not comply with the requirements of the advertisement shall be rejected. If two or more bids are the same and the lowest, the Contract Review Committee may accept the one it chooses. If no bids are received, the contracting officer may have the project done without further compliance with this
Source: TSL 5-83, § 8, modified.
All bids on construction project contracts shall include the name of each person or firm to be engaged by the bidder as a joint contractor or subcontractor in the performance of the construction project contract. The bid shall also indicate the nature and scope of the work to be performed by such joint contractor or subcontractor.
Source: TSL 5-83, § 9.
All contracts shall be in writing and shall be executed by the State Government agency which is authorized to let contracts in its own name and shall be made with the lowest responsible bidder. If the lowest bid is rejected, the Contract Review Committee may, at its discretion, award the contract to the lowest remaining responsible bidder or advertise
Source: TSL 5-83, § 10, modified.
There is hereby established a committee to be known as a "Public Contract Review Committee." The Committee shall be composed of three members. The contracting officer shall serve ex-officio as member and chairman of the committee. The second member shall be appointed by the Governor and the third member shall be appointed by the President and Speaker of the
Source: TSL 5-83, § 11, modified.
Any agreement or collusion among bidders or prospective bidders in restraint of freedom of competition by agreement to bid at a fixed price or to refrain from bidding shall render the bids of such bidders void. Each bidder shall accompany his bid with a sworn statement that he has not been a party to such an agreement.
Source: TSL 5-83, § 12.
Any disclosure in advance of the terms of a bid submitted in response to an advertisement for bids shall render the proceedings void and require advertisement and award anew.
Source: TSL 5-83, § 13.
No contracts awarded to the lowest responsible bidder shall be assigned by the successful bidder without written consent of the awarding authority.
Source: TSL 5-83, § 14.
Any citizen taxpayer in the Federated State of Micronesia or any bona fide unsuccessful bidder on a particular contract shall be empowered to bring a civil action in the appropriate court in the Federated State of Micronesia to enjoin execution of any contract entered into in violation of this
Source: TSL 5-83, § 15, modified.
The Governor may issue regulations to implement this
Source: TSL 5-83, § 16, modified.
Cross-reference: Section 2 of the Administrative Procedures Act is codified at 14 CSC 1002.