(1) (a) Any state agency that intends to solicit bids for a service that is included on the services set aside list created pursuant to section 24-103-804 shall first solicit bids from self-certified vendors for such service and shall follow the procedures specified in rules promulgated by the executive director. (b) If two or more self-certified vendors bid on the solicitation for the services, the procurement official shall award a contract to one of the self-certified vendors based on which acceptable response is most advantageous to the state taking into consideration factors other than price alone. (c) If one self-certified vendor bids on the solicitation for the services, the procurement official shall award a contract to the self-certified vendor and shall ensure that the contract is awarded at a fair and reasonable price of up to fifteen percent above the fair market value of the services, subject to available appropriations. (d) If the state agency does not receive a bid from any self-certified vendor for the services, the state agency is permitted to procure the services through other approved procurement methods and shall not be subject to the requirements of this part 8 for that specific solicitation. (2) The department of personnel shall, within one hundred eighty days after August 5, 2008, establish a process whereby any state agency that intends to solicit bids for a service that is included on the services set aside list created pursuant to section 24-103-804 may solicit bids solely from self-certified vendors. (3) Any state agency that has awarded a solicitation for services to a self-certified vendor pursuant to paragraph (a) or (b) of subsection (1) of this section shall, before the expiration of the term of the contract, renegotiate a fair and reasonable price for the services with the self- certified vendor that has performed the services for the state agency. The state agency is not permitted to solicit new bids for the services performed by the self-certified vendor unless one of the following occurs: (a) The nonprofit agency that is the self-certified vendor no longer wishes to perform the services for the state agency; (b) The state agency decides to perform the services internally and hires employees who will be employees of the state to perform the services; (c) The state agency no longer needs the service that was provided by the self-certified vendor; or (d) The self-certified vendor has not met the requirements for the services offered. (4) Any state agency that is required to solicit bids for a service that is included on the services set aside list is prohibited from bundling the service with one or more other services not included on the services set aside list before soliciting bids from self-certified vendors pursuant to this section. If the state agency has not received a bid from any self-certified vendor and is therefore authorized to procure the services through other approved procurement methods, the bundling prohibition shall no longer apply to the state agency for that specific solicitation for services. (5) The department of personnel may promulgate rules to implement the requirements of this section pursuant to section 24-102-101. Such rules shall be promulgated in accordance with the provisions of article 4 of this title 24. (6) Any self-certified vendor that has been awarded a solicitation for services by a state agency pursuant to this part 8 shall report to the chief procurement officer regarding the progress of the award and the contract in a manner and frequency to be determined by the chief procurement officer. The vendor shall include in the report the percentage of the total contract price that it will spend on the salary or wages of the employees hired to perform the services solicitation, not including the salary or wages for administrative staff or employees. (7) Any self-certified vendor pursuant to this part 8 must maintain the requirements to be a self-certified vendor pursuant to section 24-103-803 (2) for the duration of the services set aside list and for the entire term of any contract resulting from the services set aside list.
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