§37-2-54  Chief purchasing officer – Purchases. –


Published: 2015

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TITLE 37

Public Property and Works

CHAPTER 37-2

State Purchases

SECTION 37-2-54



   § 37-2-54  Chief purchasing officer –

Purchases. –

(a) The chief purchasing officer, except as otherwise provided by law, shall

purchase, or delegate and control the purchase of, the combined requirements of

all spending agencies of the state including, but not limited to, interests in

real property, contractual services, rentals of all types, supplies, materials,

equipment, and services, except that competitive bids may not be required:



   (1) For contractual services where no competition exists such

as sewage treatment, water, and other public utility services;



   (2) When, in the judgment of the department of

administration, food, clothing, equipment, supplies, or other materials to be

used in laboratory and experimental studies can be purchased otherwise to the

best advantage of the state;



   (3) When instructional materials are available from only one

source;



   (4) Where rates are fixed by law or ordinance;



   (5) For library books;



   (6) For commercial items that are purchased for resale;



   (7) For professional, technical, or artistic services;



   (8) For all other commodities, equipment, and services which,

in the reasonable discretion of the chief purchasing officer, are available

from only one source;



   (9) For interests in real property.



   (10) For works of art for museum and public display;



   (11) For published books, maps, periodicals, newspaper or

journal subscriptions, and technical pamphlets;



   (12) For licenses for use of proprietary or patented systems;

and



   (13) For services of visiting speakers, professors,

performing artists, and expert witnesses.



   (b) Nothing in this section shall deprive the chief

purchasing officer from negotiating with vendors who maintain a general service

administration price agreement with the United States of America or any agency

thereof or other governmental entities, provided, however, that no contract

executed under this provision shall authorize a price higher than is contained

in the contract between the general service administration and the vendor

affected.



   (c) The department of administration shall have supervision

over all purchases by the various spending agencies, except as otherwise

provided by law, and shall prescribe rules and regulations to govern purchasing

by or for all spending agencies, subject to the approval of the chief

purchasing officer; and shall publish a manual of procedures to be distributed

to agencies and to be revised upon issuance of amendments to the procedures. No

purchase or contract shall be binding on the state or any agency thereof unless

approved by the department or made under general regulations which the chief

purchasing officer may prescribe.



   (d) The chief purchasing officer shall adopt regulations to

require agencies to take and maintain inventories of plant and equipment. The

department of administration shall conduct periodic physical audits of

inventories.



   (e) The department of administration shall require all

agencies to furnish an estimate of specific needs for supplies, materials, and

equipment to be purchased by competitive bidding for the purpose of permitting

scheduling of purchasing in large volume. It shall establish and enforce

schedules for purchasing supplies, materials, and equipment. In addition, all

agencies shall submit to the department of administration, prior to the

beginning of each fiscal year, an estimate of all needs for supplies,

materials, and equipment during that year which will have to be acquired

through competitive bidding.



   (f) The director of the department of administration shall

have the power: to transfer between departments; to salvage; to exchange; and

to condemn supplies and equipment.



   (g) Unless the chief purchasing officer deems it is in the

best interest of the state to proceed otherwise, all property (including any

interest in real property) shall be sold either by invitation of sealed bids or

by public auction; provided, however, that the selling price of any interest in

real property shall not be less than the appraised value thereof as determined

by the department of administration or the department of transportation for the

requirements of that department.



   (h) Subject to the provisions of this chapter, the chief

purchasing officer shall purchase, or otherwise acquire, all real property

determined to be needed for state use, upon the approval of the state

properties committee as to the determination of need and as to the action of

purchase or other acquisition, provided that the amount paid shall not exceed

the appraised value as determined by the department of transportation (for such

requirements of that department) or value set by eminent domain procedure.



   (i) The department of administration shall maintain records

of all purchases and sales made under its authority and shall make periodic

summary reports of all transactions to the chief purchasing officer, the

governor, and the general assembly. The chief purchasing officer shall also

report trends in costs and prices, including savings realized through improved

practices, to the governor and general assembly.



   (j) The chief purchasing officer shall attempt in every

practicable way to insure that the state is supplying its real needs at the

lowest possible cost. Further, to assure that the lowest possible cost is

achieved, the chief purchasing officer may enter into cooperative purchasing

agreements with other governmental entities.



History of Section.

(P.L. 1989, ch. 526, § 2; P.L. 1999, ch. 367, § 1.)