41-2557. Unsolicited proposals
A contract may be awarded based on an unsolicited proposal only if the director determines in writing that the conditions of either section 41-2536 or 41-2537 exist. The determination shall include all of the following:
1. The proposal is innovative and unique.
2. The proposal is not available without restriction from another source and does not closely resemble a similar product which is either available or pending in the industry.
3. The technical office of the purchasing agency receiving the proposal has sufficiently supported its recommendations with facts and circumstances that preclude competition.
4. The procurement officer has approved in writing the award of a contract based on the unsolicited proposal.
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