Q Is a municipality required to reject the low bid of a nonresident contractor due to a failure to include a copy of his state’s bid preference law, even though the municipality is well aware of such preference law?

A Yes. Section 31-3-21, reads in pertinent part, “Any bid submitted by a nonresident contractor which does not include the nonresident contractor’s current state law [pertaining to such state’s treatment of nonresident contractors] shall be rejected and not considered for award.” The language is clear and unambiguous; regardless of the knowledge of the entity seeking bids as to the pertinent other state’s preference law. (Attorney General’s Opinions to Dye, February 7, 2014)