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 bidders or offerors. 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 State
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
1600.2010
(Competitive Sealed Bidding), Section
1600.2015
(Competitive Sealed Proposals), Section
1600.2020 (Small
Purchases), and Section
1600.2030
(Emergency Procurements), as applicable. Awards shall not be made for the
purpose of simply dividing the business or to select products or suppliers to
allow for 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 State agencies.
3)
The OLG 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.
5) In a
multiple award situation, one vendor may be designated as the primary recipient
of orders. The other awardees may receive orders in the event the primary
vendor is unable to deliver or for other reasons as determined by the
Procurement Officer.
c)
Term and Condition Contracts
1) A term and
condition contract contains agreed contractual terms and conditions established
for the convenience of the parties to be used in conjunction with a subsequent
procurement and processed in accordance with the requirements of the Code and
this Part. A term and condition contract is not a procurement. It creates no
obligation on the part of the OLG to procure from the vendor.
2) Orders may be placed against term and
condition contracts without use of any prescribed method of source selection
for convenience of processing sole source, emergency or small
procurements.
d) 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.
e) Federal Requirements
The Procurement Officer receiving federal aid funds, grants
or loans or otherwise subject to federal entity requirements may conduct
procurements in accordance with federal requirements that are necessary to
receive or maintain those federal aid funds, grants or loans or to remain in
compliance with federal requirements.
f) Donations
1) When a procurement will have the majority
of funding from a donation, the terms of which donation require use of
particular procurement or contracting procedures, the Procurement Officer may
follow those procedures, but shall follow the Code and this Part whenever
practicable.
2) Donations may be
acknowledged by the donee agency in a manner appropriate to the type of
donation and the program activity associated with the donation. Acknowledgment
may include, but need not be limited to, public announcement at the event or in
donee agency publications, and inviting the donor to attend the program
activity associated with the donation.