US Lawyer Database

For Lawyer-Seekers

YOU DESERVE THE BEST LAWYER

§5A-3-1. Division Created; Purpose; Director; Applicability of Article; Continuation

(a) The Purchasing Division within the Department of Administration is continued. The underlying purposes and policies of the Purchasing Division are: (1) To serve as a source of expertise in procurement methods and practices for the various state agencies, and to assist and facilitate state agencies in procurement matters, including for travel services;

§5A-3-10. Competitive Bids; Publication of Solicitations for Sealed Bids; Purchase of Products of Nonprofit Workshops; Employee to Assist in Dealings With Nonprofit Workshops; Continuing Procurements Over $1 Million

(a) A purchase of and contract for commodities, printing, and services shall be based on competitive bids, except when another method of procurement is determined to be in the best interest of the State. (b) The director shall solicit, on behalf of spending units, sealed bids for the purchase of commodities and printing which is […]

§5A-3-10b. Best Value Procurement

(a) The director may utilize best value procurement to enter into a contract when he or she determines in writing that it is advantageous to the state. (b) A solicitation for bids under best value procurement shall be made in the same manner as provided in §5A-3-10 of this code. (c) Best value procurement awards […]

§5A-3-10c. Direct Award Procurement

(a) The director may make a direct award of a contract without competitive bidding if: (1) The spending unit requests a direct award in writing;

§5A-3-10d. Reverse Auctions

(a) Notwithstanding any other provision of this code, the director is hereby authorized to initiate reverse auctions to procure commodities. The director may not use reverse auctions for the procurement of services under any circumstances. (b) Reverse auctions may be utilized if the director determines their use would be fair, economical and in the best […]

§5A-3-10e. Prequalification Agreement; Agency-Delegated Bidding

(a) Subject to the limitations of this section, the director may permit spending units to procure commodities and services from a preapproved vendor through a prequalification agreement and delegated prequalification bidding if the director determines the process is fair, economical, and in the best interests of the state. (b) Definitions. For purposes of this section: […]

§5A-3-11. Purchasing in Open Market on Competitive Bids; Debarment; Bids to Be Based on Written Specifications; Period for Alteration or Withdrawal of Bids; Awards to Lowest Responsible Bidder; Uniform Bids; Record of Bids; Requirements of Vendors to Pay Taxes, Fees and Debts; Exception; Grant Exemption

(a) The director may make a purchase of commodities, printing and services of $25,000 or less in amount in the open market, but the purchase shall, wherever possible, be based on at least three competitive bids, and shall include the cost of maintenance and expected life of the commodities if the director determines there are […]

§5A-3-11a. Negotiation When All Bids Exceed Budget in Requisition

(a) Spending units shall include the maximum budgeted amount available for each purchase in a requisition submitted to the Purchasing Division. No person may disclose this maximum budgeted amount to any vendor prior to the award of a contract. If all bids submitted pursuant to a solicitation exceed the funds available for the purchase, then […]

§5A-3-11b. Discussion and Final Offers

(a) As provided in the bid solicitation, the director may conduct discussions with, and obtain best and final offers from, responsive and responsible bidders who submit proposals determined to be reasonably susceptible of being selected for award for the purpose of clarification to assure full understanding of, and responsiveness to, the solicitation requirements. Bidders must […]

§5A-3-11c. Multiple Awards

The director may elect to award a contract to one or more responsive and responsible bidders if the director determines in writing that a single award to an individual bidder would be insufficient: Provided, That the basis for the selection among multiple contracts at the time of purchase shall be the most practical and economical […]

§5A-3-15. Emergency Purchases in Open Market

The director may authorize, in writing, a state spending unit to purchase in the open market, without filing requisition or estimate, specific commodities for immediate delivery to meet bona fide emergencies arising from unforeseen causes, including delays by contractors, delays in transportation and unanticipated volume of work. A report of any such purchase, together with […]

§5A-3-16. Special Fund; Purposes; How Composed

There is hereby created a special revenue fund to be administered by the director to facilitate the following functions of the director: (1) Purchase commodities in volume and maintain stocks to supply the needs of state spending units; and

§5A-3-17. Purchases or Contracts Violating Article Void; Personal Liability

If a spending unit purchases or contracts for commodities or services contrary to the provisions of this article or the rules and regulations made thereunder, in any material respect, as determined by the director, such purchase or contract shall be void and of no effect. The spending officer of such spending unit, or any other […]

§5A-3-18. Substituting for Commodity Bearing Particular Trade Name or Brand

If a spending unit requests the purchase of a commodity bearing a particular trade name or brand, the director may substitute, after consultation with the relevant spending unit, a commodity bearing a different trade name or brand, if the substituted commodity reasonably conforms to the adopted standard specifications and can be obtained at an equal […]

§5A-3-19. Purchases From Federal Government and Other Sources

(a) Notwithstanding any other provision of this article, the director may, upon the recommendation of a state spending unit, participate in, sponsor, conduct, or administer a cooperative purchasing agreement or consortium for the purchase of commodities or services with agencies of the federal government, agencies of other states, other public bodies or other state agencies, […]

§5A-3-1a. Prescription Drug Products

In addition to other provisions of this article, the division is authorized, on behalf of the Public Employees Insurance Agency, the schools of medicine of the state colleges and universities, the department of vocational rehabilitation and the Department of Health and Human Resources, to negotiate and enter into agreements directly with manufacturers and distributors whose […]

§5A-3-2. Books and Records of Director

The director shall keep accurate books, accounts and records of all transactions of his or her division, and such books, accounts and records shall be public records, and shall at all proper times be available for inspection by any taxpayer of the state.