Current through Register Vol. XLI, No. 50, December 13, 2024
Section 115-9-5 - Director's Purchasing Role5.1. The Director's role in connection with agency purchases includes the following: 5.1.1. Review specifications and descriptions before soliciting bids to ensure that specifications and descriptions do not favor a particular "brand" or vendor unless such specifications are necessary to perform the objectives for which the routine purchase, or the insurance product or insurance service, is purchased. If specifications include a "brand" name, the Director will ensure that it is clear that equivalent products or services set forth in this subsection will be considered;5.1.2. Accept or reject any or all bids in whole or in part;5.1.3. Request from vendors all necessary information to verify that the vendor is licensed and in good standing with appropriate state or federal agencies;5.1.4. Waive minor irregularities in bids or specifications when the Director determines such action to be appropriate;5.1.5. Prescribe in each contract provisions for liquidated damages, remedies or other damage provisions in the event of vendor default; 5.1.6. Prescribe the manner of review or inspection for determining compliance with specifications for all routine purchases and purchases of insurance products or insurance services;5.1.7. Ensure that bid evaluators have no financial, personal, or other conflict of interest relating to any vendor or vendor representative that has submitted a bid and to ensure that bid evaluators sign a form certifying no conflicts of interest;5.1.8. Ensure that no agency employees communicate with vendors about the solicitation from the time the solicitation is advertised and until an award is made;5.1.9. Review and approve or reject any change orders submitted by the vendor:5.1.10. Renegotiate terms for renewal of expiring contracts for insurance products or insurance services if it is determined that rebidding the contracts is not feasible, or in the best interests of the state and the state insurance program, taking into consideration the factors set forth in section 4.1 of this rule;5.1.11. Ensure, through periodic audits, compliance with the provisions of this rule; and5.1.12. Any other act reasonably related to ensuring the integrity of the agency's procurement process.