§ 45-55-6 Competitive negotiation. –(a) When, under regulations adopted by the city or town council, the purchasingagent determines, in writing, that the use of competitive sealed bidding is notpracticable, and except as provided in §§ 45-55-8, 45-55-9, and45-55-10 a contract may be awarded by competitive negotiation.
(b) Adequate public notice of the request for proposals shallbe given in the same manner as provided in § 45-55-5(c).
(c) Contracts may be competitively negotiated when it isdetermined, in writing, by the purchasing agent that the bid prices received bycompetitive sealed bidding either are unreasonable as to all or part of therequirements, or were not independently reached in open competition, and forwhich:
(1) Each competitive bidder has been notified of theintention to negotiate and is given reasonable opportunity to negotiate; and
(2) The negotiated price is lower than the lowest rejectedbid by any competitive bidder; and
(3) The negotiated price is the lowest negotiated priceoffered by a competitive offeror.
(d) The request for proposals shall indicate the relativeimportance of price and other evaluation factors.
(e) Award shall be made to the responsible offeror whoseproposal is determined, in writing, to be the most advantageous to themunicipality taking into consideration price and the evaluation factors statedin the request for proposals.
(f) Written or oral discussions shall be conducted with allresponsible offerors who submit proposals determined, in writing, to bereasonably susceptible of being selected for award. Discussions shall notdisclose any information derived from proposals submitted by competingofferors. Discussions need not be conducted:
(1) With respect to prices, where prices are fixed by law orregulation, except that consideration shall be given to competitive terms andconditions; or
(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 thataward may be made on the basis of the initial offers.
§ 45-55-6 Competitive negotiation. –(a) When, under regulations adopted by the city or town council, the purchasingagent determines, in writing, that the use of competitive sealed bidding is notpracticable, and except as provided in §§ 45-55-8, 45-55-9, and45-55-10 a contract may be awarded by competitive negotiation.
(b) Adequate public notice of the request for proposals shallbe given in the same manner as provided in § 45-55-5(c).
(c) Contracts may be competitively negotiated when it isdetermined, in writing, by the purchasing agent that the bid prices received bycompetitive sealed bidding either are unreasonable as to all or part of therequirements, or were not independently reached in open competition, and forwhich:
(1) Each competitive bidder has been notified of theintention to negotiate and is given reasonable opportunity to negotiate; and
(2) The negotiated price is lower than the lowest rejectedbid by any competitive bidder; and
(3) The negotiated price is the lowest negotiated priceoffered by a competitive offeror.
(d) The request for proposals shall indicate the relativeimportance of price and other evaluation factors.
(e) Award shall be made to the responsible offeror whoseproposal is determined, in writing, to be the most advantageous to themunicipality taking into consideration price and the evaluation factors statedin the request for proposals.
(f) Written or oral discussions shall be conducted with allresponsible offerors who submit proposals determined, in writing, to bereasonably susceptible of being selected for award. Discussions shall notdisclose any information derived from proposals submitted by competingofferors. Discussions need not be conducted:
(1) With respect to prices, where prices are fixed by law orregulation, except that consideration shall be given to competitive terms andconditions; or
(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 thataward may be made on the basis of the initial offers.
§ 45-55-6 Competitive negotiation. –(a) When, under regulations adopted by the city or town council, the purchasingagent determines, in writing, that the use of competitive sealed bidding is notpracticable, and except as provided in §§ 45-55-8, 45-55-9, and45-55-10 a contract may be awarded by competitive negotiation.
(b) Adequate public notice of the request for proposals shallbe given in the same manner as provided in § 45-55-5(c).
(c) Contracts may be competitively negotiated when it isdetermined, in writing, by the purchasing agent that the bid prices received bycompetitive sealed bidding either are unreasonable as to all or part of therequirements, or were not independently reached in open competition, and forwhich:
(1) Each competitive bidder has been notified of theintention to negotiate and is given reasonable opportunity to negotiate; and
(2) The negotiated price is lower than the lowest rejectedbid by any competitive bidder; and
(3) The negotiated price is the lowest negotiated priceoffered by a competitive offeror.
(d) The request for proposals shall indicate the relativeimportance of price and other evaluation factors.
(e) Award shall be made to the responsible offeror whoseproposal is determined, in writing, to be the most advantageous to themunicipality taking into consideration price and the evaluation factors statedin the request for proposals.
(f) Written or oral discussions shall be conducted with allresponsible offerors who submit proposals determined, in writing, to bereasonably susceptible of being selected for award. Discussions shall notdisclose any information derived from proposals submitted by competingofferors. Discussions need not be conducted:
(1) With respect to prices, where prices are fixed by law orregulation, except that consideration shall be given to competitive terms andconditions; or
(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 thataward may be made on the basis of the initial offers.
