Current through Register Vol. 48, No. 38, September 20, 2024
a) Split Award
1) An award of a definite quantity
requirement may be split between or among two or more contractors. Each portion
shall be for a definite quantity and the sum of the portions shall be the total
definite quantity required. A split award may be used only when award to more
than one bidder or offeror for different amounts of the same item are necessary
to obtain the total quantity or the required delivery.
2) The Procurement Officer shall make a
written determination setting forth the reasons for the split award, which
determination shall be made a part of the procurement file.
b) Multiple Award
1) A multiple award is an award of an
indefinite quantity contract to more than one bidder or offeror when the OAG is
obligated to order all of its actual requirements from those vendors.
2) A multiple award may be made when award to
two or more bidders or offerors for similar products is necessary for adequate
delivery, service, or product compatibility. Any multiple award shall be made
in accordance with the provisions of Section
1300.2010
(Competitive Sealed Bidding), Section
1300.2015
(Competitive Sealed Proposals), Section
1300.2020 (Small
Purchases), and Section
1300.2030
(Emergency Procurements), as applicable. Awards shall not be made for the
purpose of simply dividing the business or to select products or suppliers in
accordance with user preference unrelated to utility or economy. Any such
awards shall be limited to the least number of suppliers necessary to meet the
valid requirements of the OAG.
3)
The OAG shall reserve the right to take bids separately if a particular
quantity requirement arises that exceeds its normal requirement or an amount
specified in the contract.
4) If a
multiple award is anticipated, the solicitation shall state this fact as well
as the criteria for award.
c) Auction
Purchases may be made at auction in accordance with the
procedural requirements applicable to the particular auction. Notice and
competition is not required and the amount payable shall be the amount bid and
accepted plus any required buyer's premium.
d) Non-governmental Joint Purchase
The Procurement Officer may enter into an agreement with a
person not eligible for the Governmental Joint Purchasing Act for the joint
procurement of anything covered by the Code. Any method of source selection may
be used and may be modified or adapted to meet the needs of the non-State
entity.
e) Federal
Requirements
Requirements of the Code and this Part may be modified or
adapted to meet federal requirements.
f) Donations
With approval of the CPO, when the OAG receives a donation
that provides the majority of the funding, the OAG may follow any procurement
or contracting requirements established as a condition of the donation, but
shall follow the Code and this Part to the extent practicable.
