| (a) The comptroller or a state agency may use the multiple
award contract procedure only after the director or the agency's purchasing
director has made a written determination that its use is in the best
interest of the state. In arriving at a determination, the director
or the agency will consider the following factors:
(1) the quality, availability, and reliability of the
supplies, materials, equipment, or service and their adaptability
to the particular use required;
(2) the ability, capacity, and skill of the bidder;
(3) the sufficiency of the bidder's financial resources;
(4) the bidder's ability to provide maintenance, repair
parts, and service;
(5) the compatibility with existing equipment;
(6) the need for flexibility in evaluating new products
on a large scale before becoming contractually committed for all use;
and
(7) any other relevant factors.
(b) When the director or procuring state agency's purchasing
director finds that one or more of the above factors is important
to the contract and that objective specifications for those factors
cannot be prepared, the director or agency's purchasing director may
determine that the multiple award contract procedure will serve the
best interest of the state.
(c) Bids on multiple award invitations will be evaluated
as are other bids under §20.207(b) of this title (relating to
Competitive Sealed Bidding), except that more than one award may be
made. The basis for determining awards shall be reasonably related
to the factors relied upon in using the multiple award contract procedure
and shall be disclosed in the bid invitation.
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