§ 45-55-7. Negotiations after unsuccessful competitive sealed bidding. (a) In the event that all bids submitted pursuant to competitive sealed bidding under § 45-55-5 result in bid prices in excess of the funds available for the purchase, and the purchasing officer determines in writing:

(1) That there are no additional funds available from any source to permit an award to the lowest responsive and responsible bidder; and

(2) The best interest of the municipality will not permit the delay attendant to a resolicitation under revised specifications, or for revised quantities, under competitive sealed bidding as provided in § 45-55-5, then a negotiated award may be made as stated in subsections (b) or (c) of this section.

(b) Where there is more than one bidder, competitive negotiations pursuant to § 45-55-6, shall be conducted with the three (3) (two (2) if there are only two (2)) bidders determined, in writing, to be the lowest responsive and responsible bidders to the competitive sealed bid invitation. Competitive negotiations shall be conducted under the following restrictions:

(1) If discussions pertaining to the revision of the specifications or quantities are held with any potential offeror, all other potential offerors shall be afforded an opportunity to take part in the discussions; or

(2) A request for proposals, based upon revised specifications or quantities, shall be issued as promptly as possible, shall provide for an expeditious response to the revised requirements, and shall be awarded upon the basis of the lowest bid price, or lowest evaluated bid price submitted by any responsive and responsible offeror.

(c) When after competitive sealed bidding, it is determined, in writing, that there is only one responsive and responsible bidder, a noncompetitive negotiated award may be made with that bidder in accordance with § 45-55-8.

History of Section. (P.L. 1992, ch. 394, § 1.)