Bidding Not to Include Statement That Bidder Willing to Meet Lowest Bid Price — Exception Where Negotiation Permitted

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  1. Any statement or agreement in which the respondent is asked to indicate a willingness to meet the low price, if such respondent is not the low respondent, is adverse to the competitive procurement standards and shall not be included in any solicitation to be awarded by any state agencies.
  2. This section applies to divisible contracts.
  3. This section shall not apply when applicable law permits negotiated contracts.
  4. For the purposes of this section, contracts for the administration of specific service signs pursuant to title 54, chapter 5, part 11 shall not be negotiable.


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