§ 37-2-20 - Negotiations after unsuccessful competitive sealed bidding.
SECTION 37-2-20
§ 37-2-20 Negotiations after unsuccessfulcompetitive sealed bidding. – (a) In the event that all bids submitted pursuant to competitive sealed biddingunder § 37-2-18 result in bid prices in excess of the funds available forthe purchase and the chief purchasing officer determines in writing:
(1) That there are no additional funds available from anysource so as to permit an award to the lowest responsive and responsiblebidder, and
(2) The best interest of the state will not permit the delayattendant to a resolicitation under revised specifications, or for revisedquantities, under competitive sealed bidding as provided in § 37-2-18,then a negotiated award may be made as set forth in subsection (b) or (d) ofthis section.
(b) Where there is more than one bidder, competitivenegotiations, pursuant to § 37-2-19, shall be conducted with the three (3)(or two (2) if there are only two (2)) bidders determined in writing to be thelowest responsive and responsible bidders to the competitive sealed bidinvitation. Competitive negotiations shall be conducted under the followingrestrictions:
(1) If discussions pertaining to the revision of thespecifications or quantities are held with any potential offeror, all otherpotential offerors shall be afforded an opportunity to take part in suchdiscussions; and
(2) A request for proposals, based upon revisedspecifications or quantities, shall be issued as promptly as possible, shallprovide for an expeditious response to the revised requirements, and shall beawarded upon the basis of the lowest bid price, or lowest evaluated bid pricesubmitted by any responsive and responsible offeror.
(c) Contracts may be competitively negotiated when it isdetermined in writing by the purchasing agent that the bid prices received bycompetitive sealed bidding were not independently reached in open competition,and for which:
(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) When, after competitive sealed bidding, it is determinedin writing that there is only one responsive and responsible bidder, anegotiated award may be made with the bidder subject to the provisions of§ 37-2-28.