Title 50, Chapter 25, Section 7.3
( 50-25-7.3)
(a) Except as otherwise provided in this chapter, authority
contracts shall be awarded by soliciting competitive sealed
proposals or competitive sealed bids, as follows: (1) Proposals or bids shall be solicited through a request for
proposals or bids; (2) Adequate public notice of the request for proposals or bids
shall be given; (3) A register of proposals and bids identifying submitting
vendors shall be prepared and made available for public
inspection; (4) The request for proposals or bids shall describe the
evaluation factors to be considered in the award of the contract; (5) The terms of the request for proposals or bids may allow for
discussions or revisions but shall provide for fair and equal
treatment of all vendors. In conducting discussions there shall
be no disclosure of any information derived from proposals or bids
submitted by competing vendors; and (6) The award shall be made to the responsible vendor or vendors
complying with the technology and architecture standards and
policies of the authority whose proposal or bid was timely and is
determined in writing to be the most advantageous to the state,
taking into consideration the evaluation factors set forth in the
request for proposals or bids. No other factors or criteria shall
be used in the evaluation. (b) When proposals or bids received pursuant to this Code section
are unreasonable or unacceptable, are noncompetitive, or exceed
available funds and it is determined in writing by the authority
that time or other circumstances will not permit the delay required
to resolicit competitive proposals or bids, a contract may be
negotiated pursuant to this Code section, provided that each
qualified vendor who submitted such a proposal or bid under the
original solicitation is notified of the determination and is given
a reasonable opportunity to negotiate. (c) Every proposal or bid solicited pursuant to this Code section,
together with the name of the vendor, shall be recorded, and all
such records shall, after award or letting of the contract, be
subject to public inspection upon request. Sealed proposals or bids
shall be opened in public by the authority, which shall canvass the
proposals or bids and award the contract according to the terms of
this chapter. (d) On all sealed proposals or bids received or solicited by the
authority the following certificate of independent price
determination shall be used: "I certify that this proposal (or bid) is made without prior
understanding, agreement, or connection with any corporation,
firm, or person submitting a proposal (or bid) for the same
materials, supplies, or equipment and is in all respects fair and
without collusion or fraud. I understand collusive bidding is a
violation of state and federal law and can result in fines, prison
sentences, and civil damage awards. I agree to abide by all
conditions of this proposal (or bid) and certify that I am
authorized to sign this proposal (or bid) for the vendor." (e) The authority is authorized to promulgate rules and regulations to implement the procedures of this Code section or by rule and regulation to implement alternative purchasing procedures advantageous to the state. All rules and regulations relating to implementation of purchasing procedures shall be adopted through public publication, notice, and comment pursuant to and subject to Code Sections 50-13-4, 50-13-6, 50-13-7, and 50-13-8, and the authority shall be considered an agency for purposes of such Code sections. |