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Georgia State Code
Title      50
Chapter      25  
Section Navigation     1 ... 7.2         7.3 ... 7.12  
  7.13 ... 14      
Section<<< 7.3 7.4 7.5 7.6 7.7 7.8 7.9 7.10 7.11 7.12 >>>  
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.

Thursday July 24 00:10 CDT


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