41-2534. Competitive sealed proposals
A. If, under rules adopted pursuant to this chapter, the director determines in
writing that the use of competitive sealed bidding is either not practicable or not
advantageous to this state, a contract for materials or services may be entered into by
competitive sealed proposals. This section does not apply to procurement of
construction, construction services or specified professional services pursuant to
section 41-2537, 41-2578, 41-2579 or 41-2581. Construction services shall be procured
pursuant to section 41-2537, 41-2578 or 41-2579. The director may provide by rule that it
is either not practicable or not advantageous to this state to procure specified types of
materials or services by competitive sealed bidding.
B. Proposals shall be solicited through a request for proposals.
C. Adequate public notice of the request for proposals shall be given in the same
manner as provided in section 41-2533.
D. Proposals shall be opened publicly at the time and place designated in the
request for proposals. The name of each offeror and such other relevant information as
is specified by rule shall be publicly read and recorded in accordance with rules adopted
by the director. All other information contained in the proposals shall be confidential
so as to avoid disclosure of contents prejudicial to competing offerors during the
process of negotiation. The proposals shall be open for public inspection after contract
award. To the extent the offeror designates and the state concurs, trade secrets or other
proprietary data contained in the offer documents shall remain confidential in accordance
with rules adopted by the director.
E. The request for proposals shall state the relative importance of price and other
evaluation factors. Specific numerical weighting is not required.
F. As provided in the request for proposals, and under rules adopted by the
director, discussions may be conducted with responsible offerors who submit proposals
determined to be reasonably susceptible to being selected for award for the purpose of
clarification to ensure full understanding of the solicitation requirements and to permit
revision of offers. Offerors shall be accorded fair treatment with respect to any
opportunity for discussion. Revisions may be permitted after submission and before award.
If discussions are conducted, all offerors who have submitted proposals that are
determined by the procurement officer to be in the competitive range shall be invited to
submit a final proposal revision. In conducting discussions, there shall be no disclosure
of any information derived from proposals submitted by competing offerors.
G. The award shall be made to the responsible offeror whose proposal is determined
in writing to be the most advantageous to this state taking into consideration the
evaluation factors set forth in the request for proposals. No other factors or criteria
may be used in the evaluation. The amount of any applicable transaction privilege or use
tax of a political subdivision of this state is not a factor in determining the most
advantageous proposal. The contract file shall contain the basis on which the award is
made.
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