A contract may be awarded based on an unsolicited proposal only if the director determines in writing that the conditions of either section 41-2536 or 41-2537 exist. The determination shall include all of the following:
- 1. The proposal is innovative and unique.
- 2. The proposal is not available without restriction from another source and does not closely resemble a similar product which is either available or pending in the industry.
- 3. The technical office of the purchasing agency receiving the proposal has sufficiently supported its recommendations with facts and circumstances that preclude competition.
- 4. The procurement officer has approved in writing the award of a contract based on the unsolicited proposal.