AGO Opinion 94022
March 25, 1994
Whether a representative of a motor vehicle dealer, resident or nonresident, at a mandatory pre-bid meeting is within the parameters of selling as defined in Neb. Rev. Star. $ 60-1401.02(25) (1993 Supp.).
Gordon J. Smith, Executive Director
Don Stenberg, Attorney General
Paul N. Potadle, Assistant Attorney General
No. A representative of a motor vehicle dealer, resident or nonresident, and attending a mandatory pre-bid meeting is not within the parameters of selling as defined in Neb. Rev. Star. $ 60-1401.02(25) (1993 Supp.).
Neb. Rev. star. S 60-1401.02(25) provides that:
Sale, selling, and equivalent expressions shall mean the attempted act or acts either of principal, agent, sales person, or in any capacity whatsoever of selling, bartering, exchanging, or otherwise disposing~ of or negotiating or offering or attempting to negotiate the sale, purchase, or exchange of or interest in any motor vehicle, trailer, or motorcycle, including the leasing thereof with a right or option to purchase under the terms of the lease; (emphasis added).
The question you present appears to address the "attempting to negotiate the sale" language in S 60-1401.02(25). In order to answer this question, contract law is most decisive in finding a resolution. "An invitation to enter into negotiations is not an
offer which maybe accepted and thereby create a contract In the law of contracts, the intent of the parties must be led to and a contract is not made so long as both parties anticipate that something remains to be done to establish contractual relations."
NEFF v. World Publishing Company, 249 F.2d 235 (1965). The nature
of a "pre-bid" meeting asserts that no offers or attempt to
negotiate will take place in such a meeting. The intent of a mandatory pre-bid meeting is to ensure that all vendors receive the same information for fairness in bidding.
Therefore, a mandatory "pre-bid" meeting does not fall within the parameters of Neb. Rev. Stat. $ 60-1402(25) (1993 Supp.).