Procurement Code
Procurement and construction by the various local and state agencies, departments, commissions, subdivisions and other entities is provided for in various locations in each individual state code. Generally, and with a few notable exceptions, procurement and construction at the state level is carried out by the actual entity that is going to use the project with the project being monitored and approved by the State Department of Administration. Projects constructed at the state level also must be sanctioned by several other state offices and agencies.
Until very recently, almost every project undertaken by a public agency or entity, whether at the state or local level, must be designed or at least approved by a professional architect or engineer. Many different state provisions enable either the state or local entity to perform construction projects that empower them to employ the services of an architect or engineer to design the project. Unlike the employment of the contractor responsible for construction, however, public agencies are not required to award design contracts utilizing any competitive standards. Rather, the procurement of professional design services is typically accomplished through negotiation, which can be done on a sole source basis as opposed to competitive bidding.
In deciding to participate in the public procurement process in any state, it is important and prudent to realize that the process is not uniform within the State or necessarily within the same consolidated city. While construction and related service acquisitions contemplate a competitive award process there are other types of purchases that may not require competitive procurement. In addition to State Statutes, each county, municipality and district is charged with promulgating its own rules for procurement. The process and authority of each governmental entity can be traced to individual state constitutions, state statutes, ordinances, resolutions and charter.
It is the responsibility of the public body to obtain services or commodities for the public at the best price, protect the sanctity of the bidding process and afford the opportunity for many different entities to contract with the public body. Procurement methods employed include: informal, formal, emergency, sheltered and sole source purchases. There is significant discretion afforded to the public owner when choosing a delivery mechanism.
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