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
2000.2010
(Competitive Sealed Bidding), Section
2000.2015
(Competitive Sealed Proposals), Section
2000.2020 (Small
Purchases), and Section
2000.2030
(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 the State.
3) The
State 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 State to procure from the vendor, except as
provided in subsection (c)(2).
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) Non-governmental Joint Purchase
1) The SPO 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.
2) The primary use of this
provision shall be to accommodate mutual relationships between the State and
not-for-profit groups whose purpose is to conduct programs adjunct to those of
the State agency that is party to the contract.
f) Federal Requirements
The Procurement Officer 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.
g)
Donations
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.
