§ 37-2-54 - Chief purchasing officer – Purchases.
SECTION 37-2-54
§ 37-2-54 Chief purchasing officer –Purchases. – (a) The chief purchasing officer, except as otherwise provided by law, shallpurchase, or delegate and control the purchase of, the combined requirements ofall spending agencies of the state including, but not limited to, interests inreal property, contractual services, rentals of all types, supplies, materials,equipment, and services, except that competitive bids may not be required:
(1) For contractual services where no competition exists suchas sewage treatment, water, and other public utility services;
(2) When, in the judgment of the department ofadministration, food, clothing, equipment, supplies, or other materials to beused in laboratory and experimental studies can be purchased otherwise to thebest advantage of the state;
(3) When instructional materials are available from only onesource;
(4) Where rates are fixed by law or ordinance;
(5) For library books;
(6) For commercial items that are purchased for resale;
(7) For professional, technical, or artistic services;
(8) For all other commodities, equipment, and services which,in the reasonable discretion of the chief purchasing officer, are availablefrom only one source;
(9) For interests in real property.
(10) For works of art for museum and public display;
(11) For published books, maps, periodicals, newspaper orjournal subscriptions, and technical pamphlets;
(12) For licenses for use of proprietary or patented systems;and
(13) For services of visiting speakers, professors,performing artists, and expert witnesses.
(b) Nothing in this section shall deprive the chiefpurchasing officer from negotiating with vendors who maintain a general serviceadministration price agreement with the United States of America or any agencythereof or other governmental entities, provided, however, that no contractexecuted under this provision shall authorize a price higher than is containedin the contract between the general service administration and the vendoraffected.
(c) The department of administration shall have supervisionover all purchases by the various spending agencies, except as otherwiseprovided by law, and shall prescribe rules and regulations to govern purchasingby or for all spending agencies, subject to the approval of the chiefpurchasing officer; and shall publish a manual of procedures to be distributedto agencies and to be revised upon issuance of amendments to the procedures. Nopurchase or contract shall be binding on the state or any agency thereof unlessapproved by the department or made under general regulations which the chiefpurchasing officer may prescribe.
(d) The chief purchasing officer shall adopt regulations torequire agencies to take and maintain inventories of plant and equipment. Thedepartment of administration shall conduct periodic physical audits ofinventories.
(e) The department of administration shall require allagencies to furnish an estimate of specific needs for supplies, materials, andequipment to be purchased by competitive bidding for the purpose of permittingscheduling of purchasing in large volume. It shall establish and enforceschedules for purchasing supplies, materials, and equipment. In addition, allagencies shall submit to the department of administration, prior to thebeginning of each fiscal year, an estimate of all needs for supplies,materials, and equipment during that year which will have to be acquiredthrough competitive bidding.
(f) The director of the department of administration shallhave the power: to transfer between departments; to salvage; to exchange; andto condemn supplies and equipment.
(g) Unless the chief purchasing officer deems it is in thebest interest of the state to proceed otherwise, all property (including anyinterest in real property) shall be sold either by invitation of sealed bids orby public auction; provided, however, that the selling price of any interest inreal property shall not be less than the appraised value thereof as determinedby the department of administration or the department of transportation for therequirements of that department.
(h) Subject to the provisions of this chapter, the chiefpurchasing officer shall purchase, or otherwise acquire, all real propertydetermined to be needed for state use, upon the approval of the stateproperties committee as to the determination of need and as to the action ofpurchase or other acquisition, provided that the amount paid shall not exceedthe appraised value as determined by the department of transportation (for suchrequirements of that department) or value set by eminent domain procedure.
(i) The department of administration shall maintain recordsof all purchases and sales made under its authority and shall make periodicsummary reports of all transactions to the chief purchasing officer, thegovernor, and the general assembly. The chief purchasing officer shall alsoreport trends in costs and prices, including savings realized through improvedpractices, to the governor and general assembly.
(j) The chief purchasing officer shall attempt in everypracticable way to insure that the state is supplying its real needs at thelowest possible cost. Further, to assure that the lowest possible cost isachieved, the chief purchasing officer may enter into cooperative purchasingagreements with other governmental entities.