19-11-217. Powers and duties of State Procurement Director.

19-11-217. Powers and duties of State Procurement Director. (a) The State Procurement Director shall serve as the principal procurement officer of the state. (b)(1) Except as otherwise provided in this subchapter and upon the approval of the Secretary of the Department of Transformation and Shared Services, the State Procurement Director shall have the authority and responsibility to promulgate rules consistent with this subchapter. (2) In addition, consistent with the provisions of this subchapter, the director may adopt rules governing the internal procedures of the Office of State Procurement. (c) Except as otherwise specifically provided in this subchapter, the director, within the limitations of this subchapter and the rules promulgated under authority of this subchapter: (1) Shall procure or supervise the procurement of all commodities and services for each state agency not having an agency procurement official and, when requested to do so by such an official, procure commodities and services not otherwise under state contract; (2)(A) Shall develop and implement a plan for all state agencies acquiring vehicles that will reduce the overall annual petroleum consumption of those state agencies by at least ten percent (10%) by January 1, 2009, through measures that include: (i) The use of alternative fuels, as defined by 42 U.S.C. § 13211, as it existed on January 1, 2005; (ii) The acquisition of vehicles with higher fuel economy, such as a hybrid vehicle operating on electricity and gasoline or diesel or bio-diesel fuel; and (iii) The substitution of cars for light trucks. (B)(i) By January 30 of each year, the director shall submit to the Legislative Council his or her report evaluating the progress of the plan toward achieving the goal set in subdivision (c)(2)(A) of this section. (ii) The report shall include: (a) The number and type of alternative fueled vehicles, as defined by 42 U.S.C. § 13211, as it existed on January 1, 2005, procured; (b) The total number of alternative fueled vehicles used by each state agency; (c) The difference between the cost of the purchase, maintenance, and operation of alternative fueled vehicles and comparable conventionally fueled motor vehicles, as defined by 42 U.S.C. § 13211, as it existed on January 1, 2005; (d) An evaluation of the plan's success; and (e) Suggestions for modifying the plan; (3) Shall manage and establish internal procedures for the office; (4) Shall sell, trade, or otherwise dispose of surplus commodities belonging to the state; (5) May establish and maintain programs for the inspection, testing, and acceptance of commodities and services; (6) Shall establish and manage a list of vendors desiring written notice of invitations for bid; (7) May establish, by rule, a fee for receiving a written or electronic notice of invitations for bid; (8) Shall ensure compliance with this subchapter and implementing rules by reviewing and monitoring procurements conducted by any designee, department, agency, or official delegated authority under this subchapter; (9) Shall create a roster of expiring contracts entered into by a state agency for which there is no new requisition; (10) Shall analyze information captured in state systems to measure and track the contract routing process to identify stakeholders that may be contributing to the elongation of the contracting process; (11) Shall ensure that vendor performance reports are available to and searchable by state agencies; (12) Shall provide for enhanced training on the drafting of specifications for procurements; and (13) Shall maintain records of bids and proposals that are rejected by the office for failure to adhere to the mandatory requirements of a solicitation.