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) After the proposals have been opened at the time and place designated in the request for proposals, proposal documents may be inspected by the public, subject to the limitations of:
     (a) the Uniform Trade Secrets Act, Title 30, chapter 14, part 4;
     (b) matters involving individual safety as determined by the department;
     (c) information requested by the department to establish vendor responsibility unless prior written consent has been given by the vendor, pursuant to 18-4-308; and
     (d) other constitutional protections.
     (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.

     History: En. Sec. 15, Ch. 519, L. 1983; amd. Sec. 10, Ch. 130, L. 1995; amd. Sec. 13, Ch. 443, L. 1997; amd. Sec. 2, Ch. 416, L. 1999.