R33-7-104. Exceptions to Terms and Conditions Published in the RFP

  (1) Offerors requesting exceptions and/or additions to the Standard Terms and Conditions published in the RFP must include the exceptions and/or additions with the proposal response.

  (2) Exceptions and/or additions submitted after the date and time for receipt of proposals will not be considered unless there is only one offeror that responds to the RFP, the exceptions and/or additions have been approved by the Attorney General's Office or other applicable legal counsel, and it is determined by the head of the issuing procurement unit that it is not beneficial to the procurement unit to republish the solicitation.

  (3) Offerors may not submit requests for exceptions and/or additions by reference to a vendor's website or URL

  (4) A procurement unit may refuse to negotiate exceptions and/or additions:

  (a) that are determined to be excessive;

  (b) that are inconsistent with similar contracts of the procurement unit;

  (c) to warranties, insurance, indemnification provisions that are necessary to protect the procurement unit after consultation with the Attorney General's Office or other applicable legal counsel;

  (d) where the solicitation specifically prohibits exceptions and/or additions; or

  (e) that are not in the best interest of the procurement unit.

  (5) If negotiations are permitted, a procurement unit may negotiate exceptions and/or additions with offerors, beginning in order with the offeror submitting the fewest exceptions and/or additions to the offeror submitting the greatest number of exceptions and/or additions. Contracts may become effective as negotiations are completed.

  (6) If, in the negotiations of exceptions and/or additions with a particular offeror, an agreement is not reached, after a reasonable amount of time, as determined by the procurement unit, the negotiations may be terminated and a contract not awarded to that offeror and the procurement unit may move to the next eligible offeror.