Section 41-4-130 (Effective October 1, 2022) Definitions. As used in this division, the following terms shall have the following meanings: (1) COST-REIMBURSEMENT CONTRACT. A contract under which a contractor is reimbursed for costs that are allowable and allocable in accordance with the contract terms and the provisions of this article, and a fee, if any. […]
Section 41-4-131 (Effective October 1, 2022) Methods for awarding state contracts. (a) Unless otherwise authorized by law, all state contracts shall be awarded by the use of one of the following methods: (1) Competitive sealed bids, pursuant to Section 41-4-132. (2) Competitive sealed proposals, pursuant to Section 41-4-133. (3) Small purchase procedures pursuant to Section […]
Section 41-4-132 (Effective October 1, 2022) Competitive sealed bidding procedures. THIS SECTION WAS AMENDED BY ACT 2022-357 IN THE 2022 REGULAR SESSION, EFFECTIVE OCTOBER 1, 2022. TO SEE THE AMENDED VERSION, SEE THE VERSION LABELED PENDING. (a) Except as otherwise provided in this division, contracts shall be awarded by competitive sealed bidding. (b) An invitation […]
Section 41-4-133 (Effective October 1, 2022) Competitive sealed proposals. THIS SECTION WAS AMENDED BY ACT 2022-357 IN THE 2022 REGULAR SESSION, EFFECTIVE OCTOBER 1, 2022. TO SEE THE AMENDED VERSION, SEE THE VERSION LABELED PENDING. (a)(1) A contract may be entered into by competitive sealed proposals when the Chief Procurement Officer or the head of […]
Section 41-4-134 (Effective October 1, 2022) Small purchase procedures. Any procurement not exceeding the small purchase amount established by rule may be made in accordance with small purchase procedures. A procurement may not be artificially divided so as to constitute a small purchase under this section. (Act 2021-296, §2)
Section 41-4-135 (Effective October 1, 2022) Award of supply or service contracts without competition. A contract may be awarded for a supply or service without competition when the Chief Procurement Officer determines in writing that there is only one source for the required supply or service. In any event, sole source contracts may not exceed […]
Section 41-4-136 (Effective October 1, 2022) Emergency procurements. Notwithstanding any other provision of this article, the Chief Procurement Officer or the head of a purchasing agency may make emergency procurements when there is a threat to public health, welfare, or safety under emergency conditions, as defined by rule. Emergency procurements made under this section shall […]
Section 41-4-137 (Effective October 1, 2022) Special procurement for small purchases. Notwithstanding any other provision of this article, the Chief Procurement Officer or the head of a purchasing agency, with prior public notice, may initiate a procurement above the small purchase amount specified in Section 41-4-134 when the officer or agency head determines that an […]
Section 41-4-138 (Effective October 1, 2022) Cancellation or rejection of bids, proposals, etc. When it is determined to be in the best interest of the state, as specified by rule, an invitation to bid, a request for proposals, or other solicitation under this article may be cancelled, and any or all bids or proposals received […]
Section 41-4-139 (Effective October 1, 2022) Written determination of nonresponsibility of bidder or offeror. (a) A written determination of nonresponsibility of a bidder or offeror shall be made in accordance with rules adopted by the Chief Procurement Officer. The unreasonable failure of a bidder or offeror to promptly supply information in connection with an inquiry […]
Section 41-4-140 (Effective October 1, 2022) Prequalification of prospective suppliers. Prospective suppliers may be prequalified for particular types of supplies or services. The method of submitting prequalification information and the information required in order to be prequalified shall be determined by the Chief Procurement Officer. (Act 2021-296, §2)
Section 41-4-141 (Effective October 1, 2022) Request of price or cost information from bidders or offerors. The Chief Procurement Officer may request factual information reasonably available to the bidder or offeror to substantiate that the price or cost offered, or some portion of it, is reasonable when either of the following occurs: (1) The price […]
Section 41-4-142 (Effective October 1, 2022) Vendors, contractors, and affiliates to comply with state and local tax requirements; certification. (a) For the purpose of this section, the following terms shall have the respective meanings ascribed by this section: (1) AFFILIATE. A related party as defined in subsection (b) of Section 40-23-190 as that provision exists […]
Section 41-4-143 (Effective October 1, 2022) Types of contract. (a) Subject to the limitations of subsection (b), any type of contract that will promote the best interests of the state may be used under this article. (b)(1) The use of a cost-plus-a-percentage-of-cost contract is prohibited. (2) A cost-reimbursement contract may be used only when a […]
Section 41-4-144 (Effective October 1, 2022) Contract periods; renewal or extension provisions. (a) Unless otherwise provided by law, a contract for supplies or services may be entered into for any period of time that is in the best interests of the state, so long as the terms of the contract and the conditions of renewal […]
Section 41-4-145 (Effective October 1, 2022) Inspection of sites and systems of contractors or subcontractors. The Chief Procurement Officer or his or her designee, at reasonable times, may inspect a part of the plant, the place of business, or the logical and physical electronic systems of a contractor or any subcontractor that is related to […]
Section 41-4-146 (Effective October 1, 2022) Audit or examination of books and records; recordkeeping requirements. In addition to the authority of the Department of Examiners of Public Accounts, as set forth under Chapter 5A of Title 41, the Department of Finance, at reasonable times and places, may audit or examine the books and records of […]
Section 41-4-147 (Effective October 1, 2022) Finality of determinations. The determinations required by subsection (f) of Section 41-4-132, subsection (a) or (g) of Section 41-4-133, Section 41-4-135, Section 41-4-136, Section 41-4-137, subsection (a) of Section 41-4-139, Section 41-4-141, Section 41-4-143, and subsection (b) of Section 41-4-144 are final and conclusive unless they are clearly erroneous, […]
Section 41-4-148 (Effective October 1, 2022) Collusion or other anti-competitive practices. When for any reason collusion or other anti-competitive practices are suspected during the procurement process, a notice of the relevant facts shall be transmitted to the Attorney General and, if applicable, to the Ethics Commission. (Act 2021-296, §2)
Section 41-4-149 (Effective October 1, 2022) Maintenance of contract records. (a) The Chief Procurement Officer shall maintain a record listing all contracts made under Section 41-4-135, 41-4-136, or 41-4-137 for a minimum of one year. The record shall contain all of the following: (1) Each contractor’s name. (2) The amount and type of each contract. […]
