TITLE 37
Public Property and Works

CHAPTER 37-2
State Purchases

SECTION 37-2-19


§ 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.

History of Section.
(P.L. 1989, ch. 526, § 2; P.L. 1999, ch. 367, § 1; P.L. 2008, ch. 458, § 1.)