§ 45-55-7 - Negotiations after unsuccessful competitive sealed bidding. - Rhode Island Statutes

SECTION 45-55-7

   § 45-55-7  Negotiations after unsuccessfulcompetitive sealed bidding. – (a) In the event that all bids submitted pursuant to competitive sealed biddingunder § 45-55-5 result in bid prices in excess of the funds available forthe purchase, and the purchasing officer determines in writing:

   (1) That there are no additional funds available from anysource to permit an award to the lowest responsive and responsible bidder; and

   (2) The best interest of the municipality will not permit thedelay attendant to a resolicitation under revised specifications, or forrevised quantities, under competitive sealed bidding as provided in §45-55-5, then a negotiated award may be made as stated in subsections (b) or(c) of this section.

   (b) Where there is more than one bidder, competitivenegotiations pursuant to § 45-55-6, shall be conducted with the three (3)(two (2) if there are only two (2)) bidders determined, in writing, to be thelowest responsive and responsible bidders to the competitive sealed bidinvitation. Competitive negotiations shall be conducted under the followingrestrictions:

   (1) If discussions pertaining to the revision of thespecifications or quantities are held with any potential offeror, all otherpotential offerors shall be afforded an opportunity to take part in thediscussions; or

   (2) A request for proposals, based upon revisedspecifications or quantities, shall be issued as promptly as possible, shallprovide for an expeditious response to the revised requirements, and shall beawarded upon the basis of the lowest bid price, or lowest evaluated bid pricesubmitted by any responsive and responsible offeror.

   (c) When after competitive sealed bidding, it is determined,in writing, that there is only one responsive and responsible bidder, anoncompetitive negotiated award may be made with that bidder in accordance with§ 45-55-8.