§ 37-2-54. Chief purchasing officer — Purchases.
(a) The chief purchasing officer, except as otherwise provided by law, shall purchase,
or delegate and control the purchase of, the combined requirements of all spending
agencies of the state including, but not limited to, interests in real property, contractual
services, rentals of all types, supplies, materials, equipment, and services, except
that competitive bids may not be required:
(1) For contractual services where no competition exists such as sewage treatment, water,
and other public utility services;
(2) When, in the judgment of the department of administration, food, clothing, equipment,
supplies, or other materials to be used in laboratory and experimental studies can
be purchased otherwise to the best advantage of the state;
(3) When instructional materials are available from only one source;
(4) Where rates are fixed by law or ordinance;
(5) For library books;
(6) For commercial items that are purchased for resale;
(7) For professional, technical, or artistic services;
(8) For all other commodities, equipment, and services which, in the reasonable discretion
of the chief purchasing officer, are available from only one source;
(9) For interests in real property.
(10) For works of art for museum and public display;
(11) For published books, maps, periodicals, newspaper or journal subscriptions, and technical
pamphlets;
(12) For licenses for use of proprietary or patented systems; and
(13) For services of visiting speakers, professors, performing artists, and expert witnesses.
(b) Nothing in this section shall deprive the chief purchasing officer from negotiating
with vendors who maintain a general service administration price agreement with the
United States of America or any agency thereof or other governmental entities, provided,
however, that no contract executed under this provision shall authorize a price higher
than is contained in the contract between the general service administration and the
vendor affected.
(c) The department of administration shall have supervision over all purchases by the
various spending agencies, except as otherwise provided by law, and shall prescribe
rules and regulations to govern purchasing by or for all spending agencies, subject
to the approval of the chief purchasing officer; and shall publish a manual of procedures
to be distributed to agencies and to be revised upon issuance of amendments to the
procedures. No purchase or contract shall be binding on the state or any agency thereof
unless approved by the department or made under general regulations which the chief
purchasing officer may prescribe.
(d) The chief purchasing officer shall adopt regulations to require agencies to take and
maintain inventories of plant and equipment. The department of administration shall
conduct periodic physical audits of inventories.
(e) The department of administration shall require all agencies to furnish an estimate
of specific needs for supplies, materials, and equipment to be purchased by competitive
bidding for the purpose of permitting scheduling of purchasing in large volume. It
shall establish and enforce schedules for purchasing supplies, materials, and equipment.
In addition, all agencies shall submit to the department of administration, prior
to the beginning of each fiscal year, an estimate of all needs for supplies, materials,
and equipment during that year which will have to be acquired through competitive
bidding.
(f) The director of the department of administration shall have the power: to transfer
between departments; to salvage; to exchange; and to condemn supplies and equipment.
(g) Unless the chief purchasing officer deems it is in the best interest of the state
to proceed otherwise, all property (including any interest in real property) shall
be sold either by invitation of sealed bids or by public auction; provided, however,
that the selling price of any interest in real property shall not be less than the
appraised value thereof as determined by the department of administration or the department
of transportation for the requirements of that department.
(h) Subject to the provisions of this chapter, the chief purchasing officer shall purchase,
or otherwise acquire, all real property determined to be needed for state use, upon
the approval of the state properties committee as to the determination of need and
as to the action of purchase or other acquisition, provided that the amount paid shall
not exceed the appraised value as determined by the department of transportation (for
such requirements of that department) or value set by eminent domain procedure.
(i) The department of administration shall maintain records of all purchases and sales
made under its authority and shall make periodic summary reports of all transactions
to the chief purchasing officer, the governor, and the general assembly. The chief
purchasing officer shall also report trends in costs and prices, including savings
realized through improved practices, to the governor and general assembly.
(j) The chief purchasing officer shall attempt in every practicable way to insure that
the state is supplying its real needs at the lowest possible cost. Further, to assure
that the lowest possible cost is achieved, the chief purchasing officer may enter
into cooperative purchasing agreements with other governmental entities.