§ 37-2-19. Competitive negotiation.
(a) When, under regulations issued by the chief purchasing officer, the purchasing agent
determines in writing that the use of competitive sealed bidding is not practicable,
and except as provided in §§ 37-2-21 and 37-2-22, a contract may be awarded by competitive negotiation.
(b) Adequate public notice of the request for proposals to be negotiated shall be given
in the same manner as provided in § 37-2-18(c).
(c) The request for proposals shall indicate the relative importance of price and other
evaluation factors.
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§ 37-2-19. Competitive negotiation.
(a) When, under regulations issued by the chief purchasing officer, the purchasing agent
determines in writing that the use of competitive sealed bidding is not practicable,
and except as provided in §§ 37-2-21 and 37-2-22, a contract may be awarded by competitive negotiation.
(b) Adequate public notice of the request for proposals to be negotiated shall be given
in the same manner as provided in § 37-2-18(c).
(c) The request for proposals shall indicate the relative importance of price and other
evaluation factors.
(d) Written or oral discussions may be conducted with all responsible offerors who submit
proposals determined in writing to be reasonably susceptible of being selected for
award. All oral discussions conducted with responsible offerors who submit proposals
shall be memorialized in writing and all such writings shall be deemed public record
at the time the contract is awarded and shall be made available for public inspection.
Discussions shall not disclose any information derived from proposals submitted by
competing offerors.
(e) An award shall be made to the responsible offeror whose proposal is determined in
writing to be the most advantageous to the state, taking into consideration price
and the evaluation factors set forth in the request for proposals. Discussions need
not be conducted if the purchasing agent makes a written determination concerning
one or more of the following:
(1) With respect to prices, where the prices are fixed by law or regulation, except that
consideration shall be given to competitive terms and conditions;
(2) Where time of delivery or performance will not permit discussions; or
(3) Where it can be clearly demonstrated and documented from the existence of adequate
competition or accurate prior cost experience with the particular supply, service,
or construction item that acceptance of an initial offer without discussion would
result in fair and reasonable prices, and the request for proposals notifies all offerors
of the possibility that an award may be made on the basis of the initial offers.