§ 37-2-19 Competitive negotiation. –(a) When, under regulations issued by the chief purchasing officer, thepurchasing agent determines in writing that the use of competitive sealedbidding is not practicable, and except as provided in §§ 37-2-21 and37-2-22, a contract may be awarded by competitive negotiation.
(b) Adequate public notice of the request for proposals to benegotiated shall be given in the same manner as provided in § 37-2-18(c).
(c) The request for proposals shall indicate the relativeimportance of price and other evaluation factors.
(d) Written or oral discussions may be conducted with allresponsible offerors who submit proposals determined in writing to bereasonably susceptible of being selected for award. All oral discussionsconducted with responsible offerors who submit proposals shall be memorializedin writing and all such writings shall be deemed public record at the time thecontract is awarded and shall be made available for public inspection.Discussions shall not disclose any information derived from proposals submittedby competing offerors.
(e) An award shall be made to the responsible offeror whoseproposal is determined in writing to be the most advantageous to the state,taking into consideration price and the evaluation factors set forth in therequest for proposals. Discussions need not be conducted if the purchasingagent makes a written determination concerning one or more of the following:
(1) With respect to prices, where the prices are fixed by lawor regulation, except that consideration shall be given to competitive termsand conditions;
(2) Where time of delivery or performance will not permitdiscussions; or
(3) Where it can be clearly demonstrated and documented fromthe existence of adequate competition or accurate prior cost experience withthe particular supply, service, or construction item that acceptance of aninitial offer without discussion would result in fair and reasonable prices,and the request for proposals notifies all offerors of the possibility that anaward may be made on the basis of the initial offers.
§ 37-2-19 Competitive negotiation. –(a) When, under regulations issued by the chief purchasing officer, thepurchasing agent determines in writing that the use of competitive sealedbidding is not practicable, and except as provided in §§ 37-2-21 and37-2-22, a contract may be awarded by competitive negotiation.
(b) Adequate public notice of the request for proposals to benegotiated shall be given in the same manner as provided in § 37-2-18(c).
(c) The request for proposals shall indicate the relativeimportance of price and other evaluation factors.
(d) Written or oral discussions may be conducted with allresponsible offerors who submit proposals determined in writing to bereasonably susceptible of being selected for award. All oral discussionsconducted with responsible offerors who submit proposals shall be memorializedin writing and all such writings shall be deemed public record at the time thecontract is awarded and shall be made available for public inspection.Discussions shall not disclose any information derived from proposals submittedby competing offerors.
(e) An award shall be made to the responsible offeror whoseproposal is determined in writing to be the most advantageous to the state,taking into consideration price and the evaluation factors set forth in therequest for proposals. Discussions need not be conducted if the purchasingagent makes a written determination concerning one or more of the following:
(1) With respect to prices, where the prices are fixed by lawor regulation, except that consideration shall be given to competitive termsand conditions;
(2) Where time of delivery or performance will not permitdiscussions; or
(3) Where it can be clearly demonstrated and documented fromthe existence of adequate competition or accurate prior cost experience withthe particular supply, service, or construction item that acceptance of aninitial offer without discussion would result in fair and reasonable prices,and the request for proposals notifies all offerors of the possibility that anaward may be made on the basis of the initial offers.
§ 37-2-19 Competitive negotiation. –(a) When, under regulations issued by the chief purchasing officer, thepurchasing agent determines in writing that the use of competitive sealedbidding is not practicable, and except as provided in §§ 37-2-21 and37-2-22, a contract may be awarded by competitive negotiation.
(b) Adequate public notice of the request for proposals to benegotiated shall be given in the same manner as provided in § 37-2-18(c).
(c) The request for proposals shall indicate the relativeimportance of price and other evaluation factors.
(d) Written or oral discussions may be conducted with allresponsible offerors who submit proposals determined in writing to bereasonably susceptible of being selected for award. All oral discussionsconducted with responsible offerors who submit proposals shall be memorializedin writing and all such writings shall be deemed public record at the time thecontract is awarded and shall be made available for public inspection.Discussions shall not disclose any information derived from proposals submittedby competing offerors.
(e) An award shall be made to the responsible offeror whoseproposal is determined in writing to be the most advantageous to the state,taking into consideration price and the evaluation factors set forth in therequest for proposals. Discussions need not be conducted if the purchasingagent makes a written determination concerning one or more of the following:
(1) With respect to prices, where the prices are fixed by lawor regulation, except that consideration shall be given to competitive termsand conditions;
(2) Where time of delivery or performance will not permitdiscussions; or
(3) Where it can be clearly demonstrated and documented fromthe existence of adequate competition or accurate prior cost experience withthe particular supply, service, or construction item that acceptance of aninitial offer without discussion would result in fair and reasonable prices,and the request for proposals notifies all offerors of the possibility that anaward may be made on the basis of the initial offers.
