(A) Except as provided in Neb. RS 18-412.01 for a contract with a public power district to operate, renew, replace or add to the electric distribution, transmission or generation system of the village, no contract for enlargement or general improvements, such as water extensions, sewers, public heating systems, bridges, work on streets or any other work or improvement when the cost of the enlargement or improvement is assessed to the property, costing over $30,000, shall be made unless it is first approved by the Board of Trustees.
(B) Except as provided in Neb. RS 18-412.01, before the Board of Trustees makes any contract in excess of $30,000 for enlargement or general improvements, such as water extensions, sewers, public heating systems, bridges, work on streets or any other work or improvement when the cost of the enlargement or improvement is assessed to the property, an estimate of the cost shall be made by the Village Engineer and submitted to the Board of Trustees. In advertising for bids as provided in divisions (C) and (E) below, the Board of Trustees may publish the amount of the estimate.
(C) Advertisements for bids shall be required for any contract costing over $30,000 entered into:
(1) For enlargement or general improvements, such as water extensions, sewers, public heating systems, bridges, work on streets or any other work or improvement when the cost of the enlargement or improvement is assessed to the property; or
(2) For the purchase of equipment used in the construction of the enlargement or general improvements.
(D) A village electric utility may enter into a contract for the enlargement or improvement of the electric system or for the purchase of equipment used for the enlargement or improvement without advertising for bids if the price is $30,000 or less; $60,000 or less and the village electric utility has gross annual revenue from retail sales in excess of $1,000,000; $90,000 or less and the village electric utility has gross annual revenue from retail sales in excess of $5,000,000; or $120,000 or less and the village electric utility has gross annual revenue from retail sales in excess of $10,000,000.
(E) The advertisement provided for in division (C) above shall be published at least seven days prior to the bid closing in a legal newspaper published in or of general circulation in the village. In case of a public emergency resulting from infectious or contagious diseases, destructive windstorms, floods, snow, war or an exigency or pressing necessity or unforeseen need calling for immediate action or remedy to prevent a serious loss of or serious injury or damage to life, health or property, estimates of costs and advertising for bids may be waived in the emergency ordinance authorized by Neb. RS 17-613 when adopted by a three-fourths vote of the Board of Trustees and entered of record.
(F) If, after advertising for bids as provided in this section, the Board of Trustees receives fewer than two bids on a contract or if the bids received by the Board of Trustees contain a price which exceeds the estimated cost, the Board of Trustees may negotiate a contract in an attempt to complete the proposed enlargement or general improvements at a cost commensurate with the estimate given.
(G) If the materials are of such a nature that, in the opinion of the manufacturer and with the concurrence of the Board of Trustees, no cost can be estimated until the materials have been manufactured or assembled to the specific qualifications of the village, the Board of Trustees may authorize the manufacture and assemblage of those materials and may thereafter approve the estimated cost expenditure when it is provided by the manufacturer.
(Neb. RS 17-568.01)
(H) Any village bidding procedure may be waived by the Board of Trustees:
(1) When materials or equipment are purchased at the same price and from the same seller as materials or equipment which have formerly been obtained pursuant to the state bidding procedure in Neb. RS 81-145 through 81-162;
(2) When the contract is negotiated directly with a sheltered workshop pursuant to Neb. RS 48-1503; or
(3) When required to comply with any federal grant, loan or program.
(Neb. RS 17-568.02)
(I) (1) Notwithstanding any other provisions of law or a home rule charter, a village which has established, by an interlocal agreement with any county, a joint purchasing division or agency may purchase personal property without competitive bidding if the price for the property has been established by the federal General Services Administration or the materiel division of the Department of Administrative Services.
(2) For the purpose of this division (I), the following definitions shall apply unless the context clearly indicates or requires a different meaning.
PERSONAL PROPERTY. Includes, but is not limited to, supplies, materials and equipment used by or furnished to any officer, office, department, institution, board or other agency.
PURCHASING or PURCHASE. The obtaining of personal property by sale, lease or other contractual means.
(Neb. RS 18-1756)
Statutory reference:
Requirements for public lettings, see Neb. RS 73-101 et seq.