§ 19-11-217 — Powers and duties of State Procurement Director

(a) The State Procurement Director shall serve as the principal procurement officer of the state. (b) (1) Except as otherwise provided in this subchapter and upon the approval of the Secretary of the Department of Transformation and Shared Services, the State Procurement Director shall have the authority and responsibility to promulgate rules consistent with this subchapter. (2) In addition, consistent with the provisions of this subchapter, the director may adopt rules governing the internal procedures of the Office of State Procurement. (c) Except as otherwise specifically provided in this subchapter, the director, within the limitations of this subchapter and the rules promulgated under authority of this subchapter: (1) Shall procure or supervise the procurement of all commodities and services for each state agency not having an agency procurement official and, when requested to do so by such an official, procure commodities and services not otherwise under state contract; (2) [Repealed.] (3) Shall manage and establish internal procedures for the office; (4) Shall sell, trade, or otherwise dispose of surplus commodities belonging to the state; (5) May establish and maintain programs for the inspection, testing, and acceptance of commodities and services; (6) Shall establish and manage a list of vendors desiring written notice of invitations for bid; (7) May establish, by rule, a fee for receiving a written or electronic notice of invitations for bid; (8) Shall ensure compliance with this subchapter and implementing rules by reviewing and monitoring procurements conducted by any designee, department, agency, or official delegated authority under this subchapter; (9) Shall create a roster of expiring contracts entered into by a state agency for which there is no new requisition; (10) Shall analyze information captured in state systems to measure and track the contract routing process to identify stakeholders that may be contributing to the elongation of the contracting process; (11) Shall ensure that vendor performance reports are available to and searchable by state agencies; (12) Shall provide for enhanced training on the drafting of specifications for procurements; (13) Shall maintain records of bids and proposals that are rejected by the office for failure to adhere to the mandatory requirements of a solicitation; (14) Upon the written request of a state agency or an actual or prospective bidder, offeror, or contractor, may declare his or her administrative interpretation of any provision of this subchapter and issue an advisory opinion regarding the construction and application of the provision; and (15) May negotiate and enter into a nonmandatory state contract with retailers for special prices or rates for commodities or services, or both, for the benefit of public procurement entities, independent of the source selection methods in §§ 19-11-228 and 19-11-229 , if the contractor agrees to provide the commodities or services, or both, subject to the contract at either the standard retail price or a discounted price.

Legislative History

Amended by Act 2023, No. 556,§ 2, eff. 8/1/2023. Amended by Act 2023, No. 556,§ 1, eff. 8/1/2023. Amended by Act 2021, No. 793,§ 2, eff. 7/28/2021. Amended by Act 2019, No. 315,§ 1757, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 1756, eff. 7/24/2019. Amended by Act 2019, No. 419,§ 1, eff. 7/24/2019. Amended by Act 2019, No. 418,§ 1, eff. 7/24/2019. Amended by Act 2019, No. 417,§ 4, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 6106, eff. 7/1/2019. Acts 1979, No. 482, § 15; A.S.A. 1947, § 14-243; Acts 1991, No. 1018, § 2; 2001, No. 1237, § 9; 2005, No. 2322, § 1.