What do several states prohibit in public works contracts?

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Several states prohibit the inclusion of price elements in the selection process for public works contracts to promote fairness and transparency in the bidding process. This approach ensures that all bidders are evaluated based on their qualifications, experience, and ability to meet the project requirements, rather than merely on cost. By removing price as a factor in the initial selection, states aim to encourage competition based on quality of work and various non-price attributes, thus potentially leading to better project outcomes.

This practice is often grounded in the desire to avoid a "race to the bottom" effect, where the lowest bid may lead to subpar quality or project delivery issues. Instead, focusing on qualifications allows for selecting contractors who can deliver better overall value, aligning with the goal of public interest in construction projects.

In contrast, the other options involve elements that may still be permissible or regulated differently in many states; thus, they do not align with the specific prohibitions reflected in this context.

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