SB 698 - This act creates requirements that political subdivisions must follow when advertising, soliciting, and rejecting bids for construction contracts that require an expenditure of $25,000 or more. This act also establishes minimum standards that political subdivisions must include in their local procurement policies.
The terms "construction contract", "established local construction procurement policy", and "political subdivision" are defined under this act.
If a political subdivision violates certain requirements, anyone who bid on the contract or was the denied the opportunity to compete may bring a cause of action for an injunction to have the contract rebid within 15 days of the award of the contract.
An unintentional violation is not actionable in certain circumstances.
This act expedites certain court procedures for such cases and establishes limited time frames for the actions unless the court finds evidence of fraud, collusion, or corruption in the contract award. In such instances, the court may also order monetary damages and equitable relief.
The court may order the claimant to pay the political subdivision's attorney's fees and award monetary damages upon a finding that there was no substantial cause for the action or that it was brought to harass or disrupt the contract award.
This act is contained in SCS/HCS/HB 1623 (2012) and is similar to HB 1716 (2012).