Q Is a municipality required to reject an apparent low bid of a nonresident bidder when the nonresident bidder failed to attach a copy of his or her state’s current bid preference law?

A Section 31-3-21(3) specifically states that a nonresident contractor bidding on a public project “shall” attach a copy of his state’s bid preference law. “Any bid submitted by a nonresident contractor which does not include the nonresident contractor’s current state law shall be rejected and not considered for award.” Clearly, such a submission without a copy of the appropriate law must be rejected and not considered. (Attorney General’s Opinion to Manley, May 15, 2015)