Current through Register Vol. 48, No. 38, September 20, 2024
a) State and Federal Warehouses
Prior to any equipment procurement, the Treasurer's office
should consider property available from the State and Federal Surplus
Warehouses that are under the jurisdiction of CMS.
b) State Agencies and Other Governmental
Units
Various goods and services are available from State agencies
and other governmental units. These may be procured without notice and
competition.
c) Auction
Purchases may be made at an auction in accordance with the
procedural requirements applicable to the particular auction. Notice and
competition is not required and the amount payable will be the amount bid and
accepted plus any required buyer's premium.
d) Donations
With approval of the Chief Procurement Officer, if the
Treasurer's office receives a donation that provides the majority of the
funding for a particular project, it may follow any procurement or contracting
requirements established as a condition of the donation, but must follow this
Part whenever practicable.
e) Broker Method for Obtaining Certain
Insurance Coverages
1) Notwithstanding
anything to the contrary in this Part, the Chief Procurement Officer, may, on a
case-by-case basis, use this broker method to obtain insurance coverages when
use of the methods of source selection set forth in Article 20 of the Code is
not practicable or advantageous because, for example:
A) Due to the structure of the insurance
industry, the types of insurance coverages needed cannot reasonably be obtained
from "direct writers" who would provide quotes directly to the Treasurer's
office in a bid or RFP process; or
B) The process of obtaining quotes for needed
insurance coverages cannot be accomplished within the normal procurement
timeframes.
2) If the
Chief Procurement Officer determines that this broker method is preferable for
designated coverages, a two-part procurement process will be used to obtain the
coverages.
A) A broker will be selected in
accordance with the RFP process authorized by Section 20-15 of the Code, and
the resulting contract will be subject to all requirements of the Code. The
broker contract will be issued for a term of years, and during the term of the
contract the broker will assist the State agency in obtaining coverages as set
forth in subsection (e)(2)(B) as well as providing customary services such as
issuing certificates of insurance and servicing policies.
B) The broker will assist the Treasurer's
office by serving as broker of record in obtaining insurance coverages through
the industry process of going to market to obtain quotes. The Treasurer's
office will use an evaluation team to test the market for competitiveness,
review the quotes, and select the insurers and products best fitting its needs.
The solicitation, evaluation and selection process will be documented in
writing and become a part of the public procurement file. The insurance
coverages obtained, the term of coverage, and the premiums charged will be
posted as attachments to the broker award notice.
