81-161 Competitive bids; award to lowest responsible bidder; elements considered; energy star certified appliances.
81-161. Competitive bids; award to lowestresponsible bidder; elements considered;energy star certified appliances.(1) All purchases, leases,or contracts which by law are required to be based on competitive bids shallbe made to the lowest responsible bidder, taking into consideration the bestinterests of the state, the quality or performance of the personal propertyproposed to be supplied, its conformity with specifications, the purposesfor which required, and the times of delivery. In determining the lowest responsiblebidder, in addition to price, the following elements shall be given consideration:(a) The ability, capacity,and skill of the bidder to perform the contract required;(b) The character, integrity,reputation, judgment, experience, and efficiency of the bidder;(c) Whether the bidder canperform the contract within the time specified;(d) The quality of performanceof previous contracts;(e) The previous and existingcompliance by the bidder with laws relating to the contract;(f) The life-cycle costs ofthe personal property in relation to the purchase price and specific use ofthe item;(g) The performance of thepersonal property, taking into consideration any commonly accepted tests andstandards of product usability and user requirements;(h) Energy efficiency ratioas stated by the bidder for alternative choices of appliances or equipment;(i) The information furnishedby each bidder concerning life-cycle costs between alternatives for all classesof equipment, evidence of expected life, repair and maintenance costs, andenergy consumption on a per-year basis;(j) The results of the UnitedStates Environmental Protection Agency tests on fleet performance of motorvehicles. Each bidder shall furnish information relating to such results;and(k) Such other informationas may be secured having a bearing on the decision to award the contract.(2) Any appliance purchasedor leased pursuant to this section shall be energy star certified, exceptthat the materiel administrator may exempt the purchase or lease of an appliancefrom this subsection if he or she determines that the cost of compliance wouldexceed the projected energy cost savings.(3) All political subdivisionsmay follow the procurement principles set forth in this section if they aredeemed applicable by the official authorized to make purchases for such politicalsubdivision.(4) For purposes of thissection, energy star certified means approval of energy usage by the UnitedStates Environmental Protection Agency and the United States Department ofEnergy. Such approval may be signified by the display of the energy star label. SourceLaws 1943, c. 215, § 17, p. 709; R.S.1943, § 81-161; Laws 1963, c. 508, § 9, p. 1619; Laws 1969, c. 780, § 3, p. 2955; Laws 1975, LB 359, § 8; Laws 1980, LB 954, § 60; Laws 1992, LB 1241, § 17; Laws 2000, LB 654, § 13; Laws 2010, LB978, § 1.Effective Date: July 15, 2010