Section 59.00. Bids opened publicly; amendments; awards  


Latest version.
  • * a. All bids shall
      be opened publicly at the time and place stated in the notice  of  sale,
      and not before, and shall be publicly announced. Prior to the time fixed
      for such public opening of bids, a sealed bid may be amended by a bidder
      by  delivery  to  the official to whom the sealed bid was delivered of a
      sealed amendment to such bid. No bid shall be amended by  a  telegraphic
      or  telephonic  communication,  except  that  an  electronic  bid may be
      amended in the same manner in which it  was  originally  submitted.  The
      bonds  shall  be awarded to the bidder offering the lowest interest cost
      to the municipality, school district or  district  corporation,  without
      taking  into  consideration any adjustment to be made in accordance with
      subdivision two of paragraph c of section  58.00  of  this  article,  as
      computed  in  accordance  with  the  net  interest  cost  method  or the
      actuarial or true interest cost method.
        * NB Effective until June 1, 2013
        * a. All bids shall be opened publicly at the time and place stated in
      the notice of sale, and not before, and  shall  be  publicly  announced.
      Prior  to  the  time fixed for such public opening of bids, a sealed bid
      may be amended by a bidder by delivery  to  the  official  to  whom  the
      sealed bid was delivered of a sealed amendment to such bid. No bid shall
      be amended by a telegraphic or telephonic communication. The bonds shall
      be  awarded  to  the  bidder  offering  the  lowest interest cost to the
      municipality, school district or district  corporation,  without  taking
      into  consideration  any  adjustment  to  be  made  in  accordance  with
      subdivision two of paragraph c of section  58.00  of  this  article,  as
      computed  in  accordance  with  the  net  interest  cost  method  or the
      actuarial or true interest cost method.
        * NB Effective June 1, 2013
        b. If it is a condition of the sale of bonds that every bidder may  be
      required to accept a portion of the whole amount of such bonds for which
      he has bid, at the same rate for such portion as may be specified in his
      bid  for  the  full  amount  then  any bidder may, in addition, offer to
      purchase all or none of such bonds on different terms.
        c. When the bidder to whom the  bonds  are  to  be  awarded  has  been
      ascertained,  the  municipality, school district or district corporation
      shall promptly return all security to the persons furnishing  the  same,
      except  the  security  furnished  by  such  bidder. Such bidder shall be
      promptly notified of the award to him, and if he refuses or neglects  to
      pay  either  the  agreed  price  for  the  bonds  less the amount of any
      certified or cashier's check furnished as security, or the agreed  price
      in  full  for the bonds if an eligible surety bond or eligible letter of
      credit was furnished as security as provided  in  subdivision  three  of
      paragraph  c of section 58.00 of this article, the security furnished by
      him, in whatever form, shall be forfeited to and retained by or  claimed
      against  or drawn upon by, the municipality, school district or district
      corporation as liquidated damages for such neglect or refusal.  However,
      if the notice of sale shall contain the statement set forth in paragraph
      e  of  section 58.00 of this chapter and if prior to the delivery of the
      bonds any income tax law of the United States of America  shall  provide
      that  the  interest  on  such bonds is taxable, or shall be taxable at a
      future date, for federal income tax purposes, then, at  the  request  of
      such  bidder  the security accompanying his bid shall be returned to him
      and he shall be relieved of his contractual obligations arising from the
      acceptance of his bid.