19-11-204. Definitions concerning source selection and contract formation.

19-11-204. Definitions concerning source selection and contract formation. As used in this subchapter: (1) “Competitive bidding” means the same as defined in § 19-11-234(a); (2) “Competitive sealed bidding” means the same as defined in § 19-11-229(a); (3) “Competitive sealed proposals” means the same as defined in § 19-11-230(a); (4) “Emergency procurement” means the acquisition of commodities or services, which if not immediately initiated, will endanger human life or health, state property, or the functional capability of a state agency; (5) “Established catalogue price” means the price included in a catalogue, price list, schedule, or other form that: (A) Is regularly maintained by a manufacturer or contractor; (B) Is either published or otherwise available for inspection by customers; and (C) States prices at which sales are currently or were last made to a significant number of buyers constituting the general buying public for the commodities or services involved; (6) “Invitation for bids” means all documents or electronic media, whether attached or incorporated by reference, utilized for soliciting bids in accordance with the procedures set forth in § 19-11-229, which refers to competitive sealed bidding; (7) “Multiple award contracts” means a method of procurement whereby an indefinite quantity contract is awarded to more than one (1) supplier for furnishing a like item or category of items; (8) “Purchase description” means specifications or any other document or electronic media describing the commodities or services to be procured; (9) “Request for proposals” means all documents or electronic media, whether attached or incorporated by reference, utilized for soliciting proposals in accordance with the procedures set forth in § 19-11-230, which refers to competitive sealed proposals, § 19-11-231, which refers to small procurements, § 19-11-232, which refers to proprietary or sole source procurements, § 19-11-233, which refers to emergency procurements, or § 19-11-234, which refers to competitive bidding; (10)(A) “Request for qualifications” means a solicitation document requiring submittal of qualifications or specialized expertise in response to the scope of work or services required and does not require pricing. (B) Other than as provided in § 19-11-801 et seq., the request for qualifications process may only be used when, under rules promulgated by the State Procurement Director, the director determines in writing that the request for qualifications process is warranted; (11) “Responsible bidder or offeror” means a person who has the capability in all respects to perform fully the contract requirements and the integrity and reliability that will assure good faith performance; (12) “Responsive bidder” means a person who has submitted a bid under § 19-11-229, which refers to competitive sealed bidding, which conforms in all material respects to the invitation for bids, including the specifications set forth in the invitation; and (13)(A)(i) “Small procurements” means a procurement not exceeding a purchase price of twenty thousand dollars ($20,000). (ii) Small procurements may be procured without seeking competitive bids or competitive sealed bids. (iii) However, competition should be used to the maximum extent practicable. (B) Items under state contract are excluded.