No. 38757 (Amendment): Section R33-7-601. Best and Final Offers

(Amendment)

DAR File No.: 38757
Filed: 08/13/2014 04:14:31 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The reason for the amendment is to provide additional requirements and procedures for the Best and Final Offers process. This rule must be used in accordance with the requirements set forth in Section 63G-6a-707.5, the Utah Procurement Code.

Summary of the rule or change:

The amendments to this section provide additional requirements and procedures for the best and final offers process, which is an optional step in the evaluation phase of the request for proposals process in which offerors are requested to modify their proposals, and must be used in accordance with the requirements set forth in Section 63G-6a-707.5.

State statutory or constitutional authorization for this rule:

• Title 63G, Chapter 6a

Anticipated cost or savings to:

the state budget:

The state budget will not be affected, because this amendment is simply providing additional requirements and procedures for the best and final offers process, which is an optional step in the evaluation phase of the request for proposals process in which offerors are requested to modify their proposals, and must be used in accordance with the Utah Procurement Code.

local governments:

Local governments' budgets will not be affected, because this amendment is simply providing additional requirements and procedures for the best and final offers process, which is an optional step in the evaluation phase of the request for proposals process in which offerors are requested to modify their proposals, and must be used in accordance with the Utah Procurement Code.

small businesses:

Small businesses' budgets will not be affected, because this amendment is simply providing additional requirements and procedures for the best and final offers process, which is an optional step in the evaluation phase of the request for proposals process in which offerors are requested to modify their proposals, and must be used in accordance with the Utah Procurement Code.

persons other than small businesses, businesses, or local governmental entities:

No other person's budget will be affected, because this amendment is simply providing additional requirements and procedures for the best and final offers process, which is an optional step in the evaluation phase of the request for proposals process in which offerors are requested to modify their proposals, and must be used in accordance with the Utah Procurement Code.

Compliance costs for affected persons:

There are no compliance costs for affected persons, because this amendment is simply providing additional requirements and procedures for the best and final offers process, which is an optional step in the evaluation phase of the request for proposals process in which offerors are requested to modify their proposals, and must be used in accordance with the Utah Procurement Code.

Comments by the department head on the fiscal impact the rule may have on businesses:

There is no fiscal impact on businesses. Any impact would be created from the statute. This rule merely implements the statute.

Kimberly K. Hood, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Administrative Services
Purchasing and General Services
Room 3150 STATE OFFICE BLDG
450 N STATE ST
SALT LAKE CITY, UT 84114-1201

Direct questions regarding this rule to:

• Alan Bachman at the above address, by phone at 801-538-3105, by FAX at 801-538-3313, or by Internet E-mail at [e-mail]
• Paul Mash at the above address, by phone at 801-538-3138, by FAX at 801-538-3882, or by Internet E-mail at [e-mail]
• Chiarina Bautista at the above address, by phone at 801-538-3240, by FAX at 801-538-3313, or by Internet E-mail at [e-mail]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

10/01/2014

This rule may become effective on:

10/08/2014

Authorized by:

Kent Beers, Director

RULE TEXT

R33. Administrative Services, Purchasing and General Services.

R33-7. Request for Proposals.

R33-7-601. Best and Final Offers.

Best and Final Offers shall be conducted in accordance with the requirements set forth in Section 63G-6a-707.5[.], or the Utah Procurement Code. This administrative rule provides additional requirements and procedures and must be used in conjunction with the Procurement Code.

(1) The best and final offers (BAFO) process is an optional step in the evaluation phase of the request for proposals process in which offerors are requested to modify their proposals.

(a) An evaluation committee may request best and final offers when:

(i) no single proposal addresses all the specifications;

(ii) all or a significant number of the proposals received are unclear and the evaluation committee requires further clarification;

(iii) additional information is needed in order for the evaluation committee to make a decision;

(iv) the differences between proposals in one or more categories are too slight to distinguish;

(v) all cost proposals are too high or over the budget;

(vi) multiple contract awards are necessary to achieve regional or statewide coverage for a procurement item under an RFP and there are insufficient cost proposals within the budget to award the number of contracts needed to provide regional or statewide coverage.

(2) Only offerors meeting the minimum qualifications or scores described in the RFP are eligible to respond to best and final offers.

(3) Proposal modifications submitted in response to a request for best and final offers may only address the specific issues and/or sections of the RFP described in the request for best and final offers.

(a) Offerors may not use the best and final offers process to correct deficiencies in their proposals not addressed in the request for best and final offers issued by the procurement unit.

(4) When a request for best and final offers is issued to reduce cost proposals, offerors shall submit itemize cost proposals clearly indicating the tasks or scope reductions that can be accomplished to bring costs within the available budget.

(a) The cost information of one offeror may not be disclosed to competing offerors during the best and final offers process and further, such cost information shall not be shared with other offerors until the contract is awarded.

(b) A procurement unit shall ensure that auction tactics are not used in the discussion process, including discussing and comparing the costs and features of other proposals.

(5) The best and final offers process may not be conducted as part of the contract negotiation process. It may only be conducted during the evaluation phase of the RFP process.

(6) A procurement unit may not use the best and final offers process to allow offerors a second opportunity to respond to the entire request for proposals.

(7) If a proposal modification is made orally during the interview or presentation process, the modification must be confirmed in writing.

(8) A request for best and final offers issued by a procurement unit shall:

(a) comply with all public notice requirements provided in Section 63G-6a-406;

(b) include a deadline for submission that allows offerors a reasonable opportunity for the preparation and submission of their responses;

(c) indicate how proposal modifications in response to a request for best and final offers will be evaluated;

(9) If an offeror does not submit a best and final offer, its immediately previous proposal will be considered its best and final offer;

(10) Unsolicited best and final offers will not be accepted from offerors.

 

KEY: government purchasing, request for proposals, standard procurement process

Date of Enactment or Last Substantive Amendment: [July 8, ]2014

Notice of Continuation: July 8, 2014

Authorizing, and Implemented or Interpreted Law: 63G-6a

 

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