Section 41-4-162 – (Effective October 1, 2022) Suspension or Debarment of Persons or Entities.
Section 41-4-162 (Effective October 1, 2022) Suspension or debarment of persons or entities. (a) After reasonable notice to the person or entity involved and reasonable opportunity for that person or entity to be heard, the Chief Procurement Officer, after consultation with the using agency, may do either of the following: (1) Terminate existing contracts and […]
Section 41-4-178 – (Effective October 1, 2022) Compliance With Applicable Federal Law and Regulations.
Section 41-4-178 (Effective October 1, 2022) Compliance with applicable federal law and regulations. When a procurement involves the expenditure of federal assistance or contract funds, the Chief Procurement Officer shall comply with any applicable federal law and regulations. (Act 2021-296, §2.)
Section 41-4-163 – (Effective October 1, 2022) Dispute Resolution Procedures.
Section 41-4-163 (Effective October 1, 2022) Dispute resolution procedures. The Chief Procurement Officer, by rule, shall establish procedures to resolve disputes between the state and a contractor that arise under, or by virtue of, a contract between them, including disputes based upon breach of contract, mistake, misrepresentation, or other cause for contract modification or rescission. […]
Section 41-4-164 – This Section Was Assigned by the Code Commissioner in the 2021 Regular Session, Effective October 1, 2021. This Is Not in the Current Code Supplement.
Section 41-4-164 (Effective October 1, 2022) Appeals. (a) A party that receives an adverse decision from the Chief Procurement Officer under subsection (c) of Section 41-4-161 or subsection (c) of Section 41-4-162 may appeal the decision to the Director of Finance. (b) An appeal to the Director of Finance shall be made in writing within […]
Section 41-4-165 – (Effective October 1, 2022) Applicability of Part.
Section 41-4-165 (Effective October 1, 2022) Applicability of part. This part applies when a determination is made that a solicitation or award of a contract is in violation of law. (Act 2021-296, §2.)
Section 41-4-166 – (Effective October 1, 2022) Solicitation or Proposed Award of Contract in Violation of Law – Cancellation or Revision.
Section 41-4-166 (Effective October 1, 2022) Solicitation or proposed award of contract in violation of law – Ratification and affirmation; termination; voiding of contract. If, prior to an award, a solicitation or proposed award of a contract is determined to be in violation of law, the solicitation or proposed award shall be cancelled or revised […]
Section 41-4-167 – (Effective October 1, 2022) Solicitation or Proposed Award of Contract in Violation of Law – Ratification and Affirmation; Termination; Voiding of Contract.
Section 41-4-167 (Effective October 1, 2022) Solicitation or proposed award of contract in violation of law – Ratification and affirmation; termination; voiding of contract. If, after an award, a solicitation or award of a contract is determined to be in violation of law, then: (1) If the person awarded the contract has not acted fraudulently […]
Section 41-4-168 – This Section Was Assigned by the Code Commissioner in the 2021 Regular Session, Effective October 1, 2021. This Is Not in the Current Code Supplement.
Section 41-4-168 (Effective October 1, 2022) Civil action to enjoin execution of contract. A bona fide unsuccessful bidder or offeror on a particular contract who has exhausted the administrative remedies contained in this division and any taxpayer of the area within the jurisdiction of the awarding authority may bring a civil action in the Circuit […]
Section 41-4-170 – (Effective October 1, 2022) Definitions.
Section 41-4-170 (Effective October 1, 2022) Definitions. As used in this division, the following terms shall have the following meanings: (1) COOPERATIVE PURCHASING. Procurement conducted by, or on behalf of, one or more public procurement units. (2) EXTERNAL PROCUREMENT ACTIVITY. A buying organization not located in this state which, if located in this state, would […]
Section 41-4-171 – (Effective October 1, 2022) Cooperative Purchasing Agreement for Certain Supplies or Services.
Section 41-4-171 (Effective October 1, 2022) Cooperative purchasing agreement for certain supplies or services. (a) A public procurement unit that is governed by this article may either participate in, sponsor, conduct, or administer a cooperative purchasing agreement for the procurement of any supplies or services, other than voice or data wireless communications services, with one […]