The town's next fire station is almost ready for construction, but the lowest bid may not win the job. Citing state law, town staff have recommended the disqualification of a company that had offered to build the $4 million project for about $230,000 less than competitors.

Bradley Construction, a Raleigh- and Charlotte-based company, didn't complete forms to town and state standards, said Tim Bailey, director of engineering for Cary. A vice president for Bradley, however, argues that many other municipalities would have accepted the company's application.

The Cary Town Council likely will decide this Thursday whether to allow Bradley's $3.9 million bid or hire multistate AIM Construction Contracting to build Fire Station 8 for $4.1 million. In all, 12 companies bid for the project.

At issue are the state laws that encourage government employment of female- and minority-owned businesses. Bradley failed to name the "historically underutilized," or HUB, businesses it would use on the job, saying the choices "would be determined."

The company had reached out to HUB subcontractors but hadn't finished checking over their individual bids. Scott Smith, a Bradley vice president, said many governments allow a three-day grace period to finalize the list of HUB companies, and he thinks his company deserves a pass.

"Cary's specifications that they can waive any and all technicalities," Smith said after The Cary News contacted him. "To me, (the application error) is a technicality."

Bailey said his staff's recommendation of rejection is based on state law.

"The way we read the statute, it's required," he said, adding that he has seen more noncompliant bids lately.

Norma Houston, a professor at the UNC-Chapel Hill School of Government, said that state law backs Cary staff's recommendation.

"The statute doesn't provide any leeway," she said. "If some units of government deviate from that by practice, that I can't speak to."

A representative of the Carolinas Association of General Contractors also declined to comment on broader practices.

The town has scheduled construction to begin this spring and end by summer 2013, with total cost estimated at about $5.8 million.

Cary will hire 15 firefighters to staff the three-bay station at 408 Mills Park Drive. It will include space for a police substation.

Cary staff say the project is a pilot for their "green build" program, boosted by a federal grant.

The station's solar panels will feed electricity back to the grid, and the plans include a high-efficiency HVAC system and a range of smaller features.

The town's first new station since May 2007 will "help us provide a quicker response to the citizens of west Cary," said Michael Cooper, assistant chief of budget and planning.