(1) Bidder security shall be required for all competitive sealed bidding for construction contracts when the price is estimated by the Commonwealth to exceed forty thousand dollars ($40,000). Bidder's security shall be a bond provided by a surety company autho rized to do business in this Commonwealth, or the equivalent in cash, in a form satisfactory to the Commonwealth. Nothing herein prevents the requirement of such bonds on construction contracts under forty thousand dollars ($40,000) when the circumstances warrant. (2) Bidder's security shall be in an amount equal to at least five percent (5%) of the amount of the bid. (3) When the invitation for bids requires that bidder security be provided, noncompliance requires that the bid be rejected, provided, howev er, that the secretary of the Finance and Administration Cabinet may set forth by regulation exceptions to this requirement in the event of substantial compliance. (4) After the bids are opened, they shall be irrevocable for the period specified in the invitation for bids, provided that, if a bidder is permitted to withdraw his bid before award because of a mistake in the bid as allowed by law or regulation, no action shall be had against the bidder or the bidder's security.
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