18-4-304. Competitive sealed proposals. (1) The department may procure supplies and services through competitive sealed proposals.
     (2) Proposals must be solicited through a request for proposals.
     (3) Adequate public notice of the request for proposals must be given in the same manner as provided in 18-4-303(2).
     (4) Proposals must be opened so as to avoid disclosure of contents to competing offerors during the process of negotiation. A register of proposals must be prepared in accordance with rules adopted by the department and must be open for public inspection after contract award. After the contract is executed, proposal documents may be inspected by the public, subject to the limitations of the Uniform Trade Secrets Act, Title 30, chapter 14, part 4.
     (5) The request for proposals must state the evaluation factors and their relative importance. The award must be made to the responsible and responsive offeror whose proposal best meets the evaluation criteria. Other factors or criteria may not be used in the evaluation. The contract file must demonstrate the basis on which the award is made.
     (6) The department may discuss a proposal with an offeror for the purpose of clarification or revision of the proposal. In conducting discussions, there may not be disclosure of any information derived from proposals submitted by competing offerors.

     History: En. Sec. 15, Ch. 519, L. 1983; amd. Sec. 10, Ch. 130, L. 1995; amd. Sec. 13, Ch. 443, L. 1997.