§ 37-2-23. Cancellation of invitation for bids and requests for proposals. An invitation for bids, a request for proposals, or other solicitation may be cancelled, or all bids or proposals may be rejected, if it is determined, in writing, that the cancellation or rejection is taken in the best interest of the state and approved […]
§ 37-2-24. Responsibilities of bidders and offerors. (a) A written determination of responsibility of a bidder or offeror shall be made and it shall be made in accordance with regulations issued by the chief purchasing officer. (b) A reasonable inquiry to determine the financial strength and responsibility of a business which is a bidder or […]
§ 37-2-25. Prequalification of contractors — General. The chief purchasing officer may provide for prequalification of suppliers as responsible prospective contractors for particular types of supplies, services, and construction. Solicitation mailing lists of potential contractors of the supplies, services, and construction shall include but need not be limited to prequalified contractors. Prequalification shall not foreclose […]
§ 37-2-25.1. Prequalification of vendors for electronic reverse auctions. (a) Potential bidders shall be prequalified for participation in each electronic auction. (b) A request for qualifications shall be issued stating the intent to conduct a reverse auction in accordance with the provisions of § 37-2-18.1. The request for qualifications shall identify the goods and services […]
§ 37-2-26. Prequalification of contractors — Roads — Department of transportation. Prequalification for a contractor who bids on road work for the department of transportation shall be as follows: (1) A list of equipment in his or her possession and which he or she proposes to use on the contract if awarded to him or […]
§ 37-2-27. Prequalification — Construction management. A person who bids on a construction management contract shall provide the following information, which information shall constitute the prequalifications for a construction management contract. (1) Firm history. (i) Name of the firm. (ii) Location of principal and branch offices. (iii) Length of time in business. (iv) Firm ownership […]
§ 37-2-27.1. Procurement of construction manager at-risk services — Written determination. (a) Prior to procuring construction manager at-risk services, the chief purchasing officer must sign a written determination documenting the following: (1) That in accordance with the factors set forth in subsection (c) below, the general contractor method of construction management as provided under § […]
§ 37-2-27.2. Procurement of construction manager at-risk services — Owner’s program manager. (a) In order to bring the experience and knowledge necessary to maximize the benefits of the construction manager at-risk method of construction management, a using agency shall procure an owner’s program manager as set forth in § 37-2-7(32) prior to procuring a construction […]
§ 37-2-27.3. Procurement of construction manager at-risk services — Technical review committee. (a) When procuring construction manager at-risk services for a using agency, other than a public corporation or a public agency, a technical review committee shall be appointed by the chief purchasing officer to evaluate the statements of qualifications, performance data, and cost proposals […]
§ 37-2-27.4. Procurement of construction manager at-risk services — Bidding of subcontracts. (a) In order to promote transparency and the fair and equitable treatment of all persons who deal with the procurement system, when using the construction manager at-risk method of construction management on a project, subcontractors, equipment, and material purchases shall be procured pursuant […]
§ 37-2-27.5. Procurement of construction manager at-risk services — Public records. (a) All documents related to a construction project delivered through a construction manager at-risk, including, but not limited to, design documents, construction documents, bid documents, financial documents and contract documents, shall be considered public records and be made available for public inspection in accordance […]
§ 37-2-28. Cost or pricing data. (a) A contractor shall submit cost or pricing data and shall certify that, to the best of his or her knowledge and belief, the cost or pricing data submitted was accurate, complete, and current as of a mutually determined specified date prior to the date of: (1) The pricing […]
§ 37-2-29. Cost plus a percentage of cost. The cost plus a percentage of cost type of contract shall not be used. History of Section.P.L. 1989, ch. 526, § 2.
§ 37-2-3. Supplemental general principles of law — Obligation of good faith. (a) Unless displaced by the particular provisions of this chapter, the principles of law and equity, including the Uniform Commercial Code, Title 6A, the law merchant, and the law of contracts, including, but not limited to, agency, fraud, misrepresentation, duress, coercion, mistake, and […]
§ 37-2-30. Cost reimbursement contracts. (a) No contract providing for the reimbursement of the contractor’s cost plus a fixed fee, hereinafter referred to as a cost reimbursement contract, may be made under § 37-2-19, 37-2-20, or 37-2-21 unless it is determined, in writing, by the chief purchasing officer that the contract is likely to be […]
§ 37-2-31. Use of other types of contracts. Subject to the limitations of §§ 37-2-29 and 37-2-30, any type of contract which will promote the best interests of the state may be used. History of Section.P.L. 1989, ch. 526, § 2; P.L. 1999, ch. 367, § 1.
§ 37-2-32. Approval of accounting system. Except with respect to firm fixed price type contracts, no contract type shall be used unless it has been determined in writing that the proposed contractor’s accounting system will permit timely development of all necessary cost data in the form required by the specific contract type contemplated and that […]
§ 37-2-33. Multi-year contracts. (a) Unless otherwise provided in the statute making appropriations therefor, multi-year contracts for supplies and services may be entered into for periods extending beyond the end of the fiscal year in which the contract was made, if funds for the first fiscal year of the contemplated contract are available at the […]
§ 37-2-34. Right to inspect facilities — Right to audit. (a) The department of administration may inspect the plant, or place of business of a contractor, or any subcontractor under any contract awarded or to be awarded by the state. (b) The department of administration may audit the books and records of any person who […]
§ 37-2-35. Finality of determinations. The determinations required by §§ 37-2-19(a), (b), (c) and (f); 37-2-20(a), (b) and (c); 37-2-21; 37-2-22; 37-2-24(a); 37-2-27(3); 37-2-30(a); and 37-2-52(c) shall be final and conclusive unless they are clearly erroneous, arbitrary, capricious, or contrary to law. History of Section.P.L. 1989, ch. 526, § 2.
