R23-1-716. Best and Final Offers

  Best and Final Offers shall be conducted in accordance with Section 63G-6a-707.5. 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 Division.

  (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) The Division 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 the Division 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.