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(b) "Request for proposals" means any document, whether attached or incorporated by reference, used for soliciting proposals when the agency is incapable of specifically defining the scope of work required. (c) "Qualified bidder or offeror" means a person who has the capability in all repects to perform fully the contract requirements and has the integrity and reliability which will assure good faith performance. (d) "Responsive bidder" means a person who has submitted a bid which conforms in all material respects to the invitation for bids. (2) Unless otherwise authorized by law, all contracts for contractual services shall be awarded by competitive sealed bidding. An invitation for bids shall be issued which shall include a detailed description of the services sought, the date for submittal of bids, and all contractual terms and conditions applicable to the procurement of contractual services, including the criteria which shall include, but need not be limited to, price, to be used in determining acceptability of the bid. If the agency contemplates renewal of the contract, it shall be so stated in the invitation for bids. The bid shall include the price for each year for which the contract may be renewed. Evaluation of bids shall include consideration of the total cost for each year as quoted by the bidder. No criteria may be used iii determining acceptability of the bid that was not set forth in the invitation for bids. The contract shall be awarded with reasonable promptness by written notice to the qualified and responsive bidder who submits the lowest and best bid. This bid must be determined in writing to meet the requirements and criteria set forth in the invitation for bids. (3) When an agency determines in writing that the use of competitive sealed bidding is not practicable, contractual services shall be procured by competitive sealed proposals. A request for proposals which includes a statement of the services sought and all contractual terms and conditions applicable to the procurement of contractual services, including the criteria, which shall include, but need not be limited to, price, to be used in determining acceptability of the proposal shall be issued. If the agency contemplates renewal of the contract, it shall be so stated in the request for proposals. The proposal shall include the price for each year for which the contract may be renewed. Evaluation of proposals shall include consideration of the total cost for each year as quoted by the proposer. To assure full understanding of and responsiveness to the solicitation requirements, discussions may be conducted with qualified offerors. The offerors shall be accorded fair and equal treatment prior to the submittal date specified in the request for proposals with respect to any opportunity for discussion and revision of proposals. The award shall be made to the responsible offeror whose proposal is determined in writing to be the most advantageous to the state, taking into consideration price and the other criteria set forth in the request for proposals. The contract file shall contain the basis on which the award is made. (4) When the price of contractual services is less than $2,500, an agency shall not be required to use the competitive procedures set forth in subsections (2) and (3). However, the agency shall not divide the procurement of contractual services so as to avoid the requirements of subsections (2) and (3). (5) A contract for contractual services may be awarded without competition if it is determined in writing that such services are available from only one source; however, if such contract is for an amount greater than $5,000, the agency shall secure prior approval from the division. (6) A contract for contractual services may be awarded without competition if state or federal law prescribes with whom the agency must contract or if the rate of payment is established during the appropriations process. (7) If only one response to an invitation for bids or request for proposals is received, the agency may proceed with the procurement of the contractual services pursuant to subsection (5). (8) If no response to an invitation for bids or request for proposals is received, the agency may proceed with the procurement of contractual services pursuant to subsection (5). (9) Failure of the division to approve or disapprove the request of an agency for prior approval pursuant to subsections (5), (7), and (8) within 21 days after receiving the request for prior approval or within 14 days after receiving addi- tional materials requested by the division from the agency shall constitute prior approval by the division. (10) If two equal responses to an invitation for bids or request for proposals are received and one response is from a minority-owned firm or company, the agency shall enter into a contract with the minority-owned firm or company. (11) If the head of any agency determines in writing that an immediate danger to the public health, safety, welfare, or other substantial loss to the state, requires emergency action, the agency may proceed with the procurement of the contractual services necessitated by the immediate danger without competition. However, such emergency procurements shall be made with such competition as is JUN 6 1984 Boox 57 Pn V