(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
(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.
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