§ 45-55-5 - Competitive sealed bidding.
SECTION 45-55-5
§ 45-55-5 Competitive sealed bidding.– (a) Contracts exceeding the amount provided by § 45-55-9 shall be awardedby competitive bidding unless they are professional engineering/architecturalservices pursuant to § 45-55-8.1 and it is determined in writing that thismethod is not practicable. Factors to be considered in determining whethercompetitive sealed bidding is practicable shall include whether:
(1) Specifications can be prepared that permit award on thebasis of either the lowest qualified bid price or the lowest qualifiedevaluated bid price; and
(2) The available sources, the time and place of performance,and other relevant circumstances as are appropriate for the use of competitivesealed bidding.
(b) The invitation for bids shall state whether award shallbe made on the basis of the lowest bid price or the lowest evaluated orresponsive bid price. If the latter basis is used, the objective measurablecriteria to be utilized shall be stated in the invitation for bids, ifavailable.
(c) Adequate public notice of the invitation for bids shallbe given a sufficient time prior to the date stated in the notice for theopening of bids. Notice may include publication in a newspaper of generalcirculation in the state as determined by the purchasing officer for themunicipality not less than seven (7) days nor more than twenty-one (21) daysbefore the date set for opening of the bids. The purchasing officer may make awritten determination that the twenty-one (21) day limitation needs to bewaived. The written determination shall state the reason why the twenty-one(21) day limitation is being waived and shall state the number of days, givinga minimum and maximum, before the date set for the opening of bids when publicnotice is to be given.
(d) Bids shall be opened publicly in full view of the publicat the time and place designated in the invitation for bids. Each bid, togetherwith the name of the bidder, shall be recorded and an abstract made availablefor public inspection. Subsequent to the awarding of the bid, all documentspertinent to the awarding of the bid shall be made available and open to publicinspection and retained in the bid file.
(e) The contract shall be awarded with reasonable promptnessby written notice to the responsive and responsible bidder whose bid is eitherthe lowest bid price, or lowest evaluated or responsive bid price.
(f) Correction or withdrawal of bids may be allowed only tothe extent permitted by regulations issued by the purchasing officer.