35. In the case of a construction contract, where it is decided, after the tenders are opened, that a contract will not be awarded following a public call for tenders, or, if a quality evaluation is to be made, after a meeting of the selection committee, the tenderer that would have been awarded the contract receives as compensation and in final settlement for expenses incurred, an amount of:(1) $2,000.00, if the tender is equal to or greater than $500,000 but less than $1,000,000; or
(2) $5,000 if the tender is equal to or greater than $1,000,000.