§ 37-2-18 - Competitive sealed bidding.
SECTION 37-2-18
§ 37-2-18 Competitive sealed bidding.– (a) Contracts exceeding the amount provided by § 37-2-22 shall be awardedby competitive sealed bidding unless it is determined in writing that thismethod is not practicable or that the best value for the state may be obtainedby using an electronic reverse auction as set forth in § 37-2-18.1.Factors to be considered in determining whether competitive sealed bidding ispracticable shall include whether:
(1) Specifications can be prepared that permit award on thebasis of either the lowest bid price or the lowest evaluated bid price; and
(2) The available sources, the time and place of performance,and other relevant circumstances as are appropriate for the use of competitivesealed bidding.
(b) The invitation for bids shall state whether the awardshall be made on the basis of the lowest bid price or the lowest evaluated orresponsive bid price. If the latter basis is used, the objective measurablecriteria to be utilized shall be set forth in the invitation for bids, ifavailable.
(c) Unless the invitations for bid are accessible under theprovisions as provided in § 37-2-17.1, public notice of the invitation forbids shall be given a sufficient time prior to the date set forth therein forthe opening of bids. Public notice may include publication in a newspaper ofgeneral circulation in the state as determined by the purchasing agent not lessthan seven (7) days nor more than twenty-eight (28) days before the date setfor the opening of the bids. The purchasing agent may make a writtendetermination that the twenty-eight (28) day limitation needs to be waived. Thewritten determination shall state the reason why the twenty-eight (28) daylimitation is being waived and shall state the number of days, giving a minimumand maximum, before the date set for the opening of bids when public notice isto be given.
(d) Bids shall be opened publicly at the time and placedesignated in the invitation for bids. Each bid, together with the name of thebidder, shall be recorded and an abstract made available for public inspection.Subsequent to the awarding of the bid, all documents pertinent to the awardingof the bid shall be made available and open to public inspection and retainedin the bid file.
(e) The contract shall be awarded with reasonable promptnessby written notice to the responsive and responsible bidder whose bid is eitherthe lowest bid price, lowest evaluated, or responsive bid price.
(f) Correction or withdrawal of bids may be allowed only tothe extent permitted by regulations issued by the chief purchasing officer.