Administrative Rule Review Report #AR11-028
Legislative Service Office
21-Jun-11
AGENCY: Department of Administration & Information, Procurement Division.
DATE SUBMITTED: June 14, 2011.
SUBJECT: Chapter I, General Provisions; Chapter II, Limitations on Procurement; Chapter III, Requisitioning Goods/Services (Repeal); Chapter III, Preferences; Chapter IV, Procurement Documents (Repeal); Chapter IV, Protests; Chapter V, Procurement Process (Repeal); Chapter VI, Preferences (Repeal); Chapter VII, Contracts (Repeal); Chapter VIII, Restrictions (Repeal); Chapter IX, Payment (Repeal).
NATURE OF RULES: Legislative, procedural
STATUTORY AUTHORITY: W.S. 9-2-1016
DETERMINATION OF PROCEDURAL COMPLIANCE BASED UPON INFORMATION SUBMITTED BY THE AGENCY TO LSO: Apparently complete to date.
SUMMARY OF RULES: The rules being amended deal with procurement by the state executive branch. Chapter 1 of the existing rules is amended by making minor technical changes. Chapter 2 of the existing rules revises the limitations on procurement by referencing a purchasing procedures manual available from the procurement division and establishing a procedure for emergency purchases. Chapter 3 of the existing rules is repealed and the new chapter 3 establishes rules for preferences by specifying that preferences shall be determined pursuant to statute and requiring bidders to indicate what preferences are to be applied to a bid. Chapter 4 of the existing rules is repealed and the new chapter 4 establishes a procedure for protest including providing for notification of protest, an informal protest meeting and rules for a formal hearing and decision.
Chapters 5, 6, 7, 8 and 9 of the existing rules are repealed. The appendix to the rules is amended by making minor technical corrections.
FINDINGS: The rules appear to be within the scope of statutory authority and legislative intent.
STAFF RECOMMENDATION: That the rules be placed on the Consent List and be approved by the Council as submitted by the Agency.
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Joshua Anderson
Staff Attorney
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Lynda G. Cook
Staff Attorney
JDA/