Specifications determine and control the:
Minimum quality level of the product or service;
Suitability of the product or service for the job to be done;and
Method of evaluation used in making an award and determining the best value proposal for the purchase.

6.20 ProtestBidders/suppliersmust submit protests in writing within ten (10) business daysof the posting of the Intent to Award. The protest must be specific enough for DAS to understand the error that is being alleged and the relief that is being sought. The Materiel Division Administrator will attempt to issue a written decision within 10 business days. If the Bidder/supplieris not satisfied with the decision theprotestor may make a written request for a meeting with the Materiel Division Administrator and the Director of Administrative Services, or a designee of the Director’s choosing within 10 business days of the decision. The meeting request must state the specific issues to be presented at the meeting and the specific relief sought. A written final decision will be sent to the Bidder/Supplier, generally within ten (10) business days, unless additional time is necessary to fully examine the issues presented. The Bidders/Suppliers may opt to protest simultaneously to the Materiel Division Administrator and the Director of Administrative Services.

A responsive bid is one that complies with the solicitation in all material respects and contains no material defects. Non-responsive bids are those that do not comply with the mandatory terms of the RFP/ITB. A material defect is one that affects term, price, quality, quantity, or delivery terms. Material deficiencies affecting responsiveness may not be corrected. If a bid/proposal does not meet all mandatory terms and conditions the bid/proposal may be found non-responsive, rejected, and not evaluated

(1) All purchases, leases, or contracts which by law are required to be based on competitive bids shall be made to the lowest responsible bidder, taking into consideration the best interests of the state, the quality or performance of the personal property proposed to be supplied, its conformity with specifications, the purposes for which required, and the times of delivery. In determining the lowest responsible bidder, in addition to price, the following elements shall be given consideration:
(a) The ability, capacity, and skill of the bidder to perform the contract required;
(b) The character, integrity, reputation, judgment, experience, and efficiency of the bidder;
(c) Whether the bidder can perform the contract within the time specified;
(d) The quality of performance of previous contracts;
(e) The previous and existing compliance by the bidder with laws relating to the contract;
(f) The life-cycle costs of the personal property in relation to the purchase price and specific use of the item;
(g) The performance of the personal property, taking into consideration any commonly accepted tests and standards of product usability and user requirements;
(h) Energy efficiency ratio as stated by the bidder for alternative choices of appliances or equipment;
(i) The information furnished by each bidder concerning life-cycle costs between alternatives for all classes of equipment, evidence of expected life, repair and maintenance costs, and energy consumption on a per-year basis;
(j) The results of the United States Environmental Protection Agency tests on fleet performance of motor vehicles. Each bidder shall furnish information relating to such results; and
(k) Such other information as may be secured having a bearing on the decision to award the contract.

All contract claims shall be filed with the Risk Manager in the manner prescribed by the State Claims Board. Contract claims shall be filed on forms provided by the Risk Manager, and each claimant shall include at least the following information: (1) A copy of the contract allegedly breached; (2) the manner in which the contract was allegedly breached; and (3) the damages incurred as a result of the alleged breach. The Risk Manager shall immediately advise the Attorney General and the contracting agency in writing of the filing of any such claim. The contracting agency shall cause an investigation to be made of all such claims. The Attorney General shall serve as a legal advisor to the State Claims Board on all such claims.

(1) After investigation, the Risk Manager or State Claims Board shall either approve, approve with conditions or limitations, or disapprove of each claim or request and append to the claim or request a concise statement of the facts brought out in such investigation upon which its approval or disapproval is based. If any claim is approved in an amount of more than five thousand dollars, the approval of the board is required. Such claim or request, together with the original papers supporting it and the appended statement, shall be filed with the Risk Manager in the manner prescribed by the State Claims Board. The Risk Manager shall promptly notify each claimant of the decision by the Risk Manager or State Claims Board on his or her claim by regular mail.
The notification shall include (a) the decision of the Risk Manager or State Claims Board, (b) a statement that a claimant dissatisfied with the decision of the Risk Manager may have his or her claim reviewed by the board or a statement that a claimant dissatisfied with the decision of the board may have his or her claim reviewed by the Legislature upon application, (c) the procedure for making an application for review, and (d) the time limit for making such application.
(2) If the claimant is dissatisfied with the decision of the Risk Manager, he or she may file an application for review by the board. If the claimant is dissatisfied with the decision of the board, he or she may file an application for review by the Legislature. The application for review shall be filed with the Risk Manager in the manner prescribed by the board. The application for review shall be filed within sixty days after the date of the decision which is being reviewed.
(3) Each claim which has been approved or for which an application for review with the Legislature has been filed and each request referred to in section 81-8,297 shall be delivered electronically by the Risk Manager to the chairperson of the Business and Labor Committee of the Legislature at the next regular session of the Legislature convening after the date of the decision of the board. The Risk Manager may direct the payment by the state agency involved of any claim not in excess of five thousand dollars if such payment is agreed to by the head of the agency involved. The State Claims Board may direct payment by the state agency involved of any claim not in excess of fifty thousand dollars if such payment is agreed to by the head of the agency involved and the agency has sufficient funds to pay the claim. If claims approved by the Risk Manager or State Claims Board arise out of the same facts and circumstances, they shall be aggregated.
If the Risk Manager or State Claims Board does not direct the payment of a claim as set forth in this section or the claim exceeds the dollar limitations set forth in this section, the claim shall be reviewed by the Legislature and an appropriation made therefor if appropriate. The Risk Manager shall report electronically all claims and judgments paid under the State Miscellaneous Claims Act to the Clerk of the Legislature and the chairperson of the Business and Labor Committee of the Legislature. The report shall include the name of the claimant, a statement of the amount claimed and paid, and a brief description of the claim including the agency and program or activity under which the claim arose. Any member of the Legislature may receive an electronic copy of the report by making a request to the Risk Manager.

5.1.9.1 RFP Evaluation Committee (Services) Evaluation Committee – Technical The agency will establish the evaluation committee(s) and project leader for the Request for Proposal. The technical evaluation committees recommended size is five (5) members with the appropriate expertise to conduct such proposal evaluations, but could be more or less for some projects depending upon the size and complexity of the RFP.; Evaluation Committee – Cost The cost evaluation committees recommended size is two (2) members. One member will complete the cost proposal calculations per the RFP formula; the other member will verify all cost calculations for accuracy.

The State Purchasing Bureau shall determine the method of procurement to be utilized in the acquisition of any needed goods or services. Methods utilized include:
001.01 Competitive Formal Sealed Bids – price quotations are secured from vendors by means of a “Quotation Request” form. A minimum of fifteen days shall elapse between the time formal sealed bids are advertised or called for and the time of their opening. Bids shall be opened publicly at the time and date specified in the Quotation Request. Award shall be made to the lowest responsible bidder.
001.02 Informal Competitive Bids – price quotations are secured and documented in a manner determined to be the most appropriate for the goods or services involved. Award shall be made to the lowest responsible bidder;
001.03 Contract Procurements – the State Purchasing Bureau may enter into contract purchase agreements for certain items, groups of items or services when continuous procurement is anticipated as opposed to one-time procurements. Formal competitive bidding procedures may be utilized with award being made to the lowest responsible bidder; and
001.04 Direct Purchases – the State Purchasing Bureau may authorize an agency to purchase directly from a vendor as opposed to utilizing the services of State Purchasing. It may be determined that due to the nature of the items needed, the quantity desired, the anticipated price involved, the location of the requesting agency, time limitations or other circumstances the interests of the State will best be served by permitting direct purchase. For miscellaneous needs under $35.00, approval by State Purchasing shall not be required.

All bid opportunities are required to be published for a minimum of fifteen (15) calendar days between the first posting date and the date set for receipt and opening of bids.

(1) Notwithstanding any other provision of law, the state purchasing bureau created by section 81-1118 may use a reverse auction for the acquisition of goods if the bureau determines that the use of a reverse auction would be advantageous to the state.
(2) If the bureau conducts a reverse auction, the bureau shall provide notification of the intent to use the reverse auction process in the bid solicitation documents and, unless the solicitation is canceled, an award shall be made to the bidder determined by the bureau to be the lowest responsible bidder at the close of the bidding process. The bureau may require bidders to register before the opening date and time of the reverse auction.
(3) The bureau may contract with a third-party vendor to conduct a reverse auction pursuant to this section.
(4) The bureau may adopt and promulgate rules and regulations to implement this section.
(5) For purposes of this section, reverse auction means a process in which (a) bidders compete to provide goods in an open and interactive environment, which may include the use of electronic media, (b) bids are opened and made public immediately, and (c) bidders are given opportunity to submit revised bids until the bidding process is complete.