| (a) Requisitions.
(1) A purchase is initiated by a state agency's submission
of a requisition containing desired specifications and evaluation
criteria either electronically or on a form provided or approved by
the comptroller. The requisition must also include the agency's certification
that funds are available for the purchase.
(2) Following receipt of a requisition and supporting
documentation, the comptroller shall review the materials submitted,
and shall advise the state agency of any additional documentation
required in order for the comptroller to begin the procurement solicitation
process. When the comptroller has received all required documentation
from the state agency, the comptroller will verify same to the state
agency, and will endeavor to complete the requested procurement within
90 days thereafter.
(3) The state agency is responsible for determining
its need for a purchase and the comptroller may not question the agency's
determination of need. However, the comptroller may require clarification
of the specifications to foster open competition. If the agency's
specifications unreasonably limit competition, the comptroller may
require an additional written explanation.
(4) If the good or service for which the state agency
has identified a need has been previously procured by any state agency,
the state agency shall include in the documentation submitted to the
comptroller a certification that it has reviewed and considered in
its development of specifications and evaluation criteria, all vendor
performance reports previously submitted by user agencies for all
previous contractors who have provided such good or service to state
agencies.
(b) Specifications.
(1) The comptroller develops standard specifications
for a number of goods purchased by the state and provides agencies
with a list of the goods covered by the standard specifications. If
an agency submits a requisition with non-standard specifications when
an applicable standard specification exists, it must include an explanation
as to why the standard specification is not being used.
(2) If a state agency submits a requisition for the
purchase of a product on the open market when an equivalent product
is available for purchase under a term contract, it must include an
acceptable explanation as to why the term contract product is not
satisfactory.
(3) The comptroller will review the specifications
and evaluation criteria submitted by a state agency. The comptroller
will not significantly change specifications or evaluation criteria
without written approval from the agency, but it may correct typographical
errors if doing so will not significantly change the specifications.
Incorrect, inadequate, or incomplete requisitions may be returned
to the agency, with a written explanation for the return and the requirements
for acceptable re-submission.
(4) The comptroller will normally specify delivery
times that are standard in the industry. If a state agency requires
shorter than standard delivery times, it must state the requirement
in its requisition. If the delivery requirement can only be met by
one vendor, written justification will be required. If an agency does
not require early delivery but wishes to take advantage of it if available,
the comptroller will state in the bid invitation that the ability
to make early delivery may be a factor in making the award. In such
cases, when it is to the state's advantage, the comptroller may award
a contract to a bid other than the lowest priced bid after consulting
with the agency. If the bid invitation contains no statement regarding
early delivery, the comptroller may not consider early delivery in
making an award.
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