Current through Register Vol. 48, No. 1, January 10, 2025
Section R-24-103-204-01 - Documented QuotesA contract for small purchases may be awarded by a documented quote. Unless otherwise specified, the general rules under rule R- 24-103-201 shall apply to documented quotes.
(a) The deadline for submission of responses to a documented quote is flexible unless otherwise stated in the documented quote.(b) For goods and services procurements, neither the solicitation nor the vendor's response constitutes an offer; therefore, responsiveness at the time of receipt is not an absolute criterion. The procurement official or his or her designee may determine whether a response is acceptable and may compare the relative value of competing responses, not solely the price. "Acceptable," for purposes of this paragraph and paragraphs (c) and (d) below, means that the good or service will meet the state's needs and that the price is fair and reasonable. The commitment voucher constitutes an offer. The vendor may accept by performance, unless the commitment voucher expressly requires acceptance by written acknowledgment.(c) The choice of vendor for goods and services must be based on which acceptable response is most advantageous to the state, price/cost being the primary consideration. The basis for the selection must be documented and will be final and conclusive unless determined to be arbitrary, capricious, or contrary to law.(d) The procurement official or his or her designee may negotiate with any vendor or contractor to clarify its quote or to effect modifications that will make the quote acceptable (including curing a defective bid bond) or more advantageous to the state; provided, that the requirements in the documented quote solicitation may not be negotiated. During the negotiation process, the terms of a vendor's quote shall not be revealed to a competing vendor. All quotes shall be kept confidential until an award is made on an electronic procurement system.38 CR 15, August 10, 2015, effective 8/31/201541 CR 17, September 10, 2018, effective 10/1/201846 CR 11, June 10, 2023, effective 7/1/2023