Vol. 2010, No. 11 (06/01/2010) PDF - Administrative Rules - Utah.gov

DAR File No. 33621
NOTICES OF PROPOSED RULES
(4) Proposal Preparation Time. Proposal preparation time
is the period of time between the date of first publication of the
public notice and the date and time set for the receipt of proposals
by the Division. In each case, the proposal preparation time shall be
set to provide offerors a reasonable time to prepare their proposals.
The time between the first publication of the public notice and the
earlier of the first required submittal of information or any
mandatory pre-proposal meeting shall be not less than ten calendar
days, unless a shorter time is deemed necessary for a particular
procurement as determined, in writing, by the Director.
(5) Form of Proposal. The Request for Proposals may
state the manner in which proposals are to be submitted, including
any forms for that purpose.
(6) Addenda to Requests for Proposals. Addenda to the
requests for proposals may be made in the same manner provided
for addenda to the bidding documents in connection with Invitations
for Bids set forth in Subsection R23-1-5(6) except that addenda may
be issued to qualified offerors until the deadline for best and final
offers.
(7) Modification or Withdrawal of Proposals.
(a) Proposals may be modified prior to the due dates
established in the Request for Proposals.
(b) Proposals may be withdrawn until the notice of
selection is issued.
(8) Late Proposals, and Late Modifications. Except for
modifications allowed pursuant to negotiation, any proposal, or
modification received at the location designated for receipt of
proposals after the due dates established in the Request for
Proposals shall be deemed to be late and shall not be considered
unless there are no other offerors.
(9) Receipt and Registration of Proposals.
After the date established for the first receipt of proposals
or other required information, a register of offerors shall be
prepared and open to public inspection. Prior to award, proposals
and modifications shall be shown only to procurement and other
officials involved with the review and selection of proposals who
shall adhere to the requirements of GRAMA and this rule.
(10) Confidentiality of Performance Evaluations and
Reference Information. The Board finds that it is necessary to
maintain the confidentiality of performance evaluations and
reference information in order to avoid competitive injury and to
encourage those persons providing the information to respond in an
open and honest manner without fear of retribution. Accordingly,
records containing performance evaluations and reference
information are classified as protected records under the provisions
of [Subsections]Section 63G-2-305 and shall be disclosed only to
those persons involved with the performance evaluation, the
contractor that the information addresses and procurement and other
officials involved with the review and selection of proposals. The
Division may, however, provide reference information to other
governmental entities for use in their procurement activities and to
other parties when requested by the contractor that is the subject of
the information. Any other disclosure of such performance
evaluations and reference information shall only be as required by
applicable law.
(11) Evaluation of Proposals.
(a) The evaluation of proposals shall be conducted by an
evaluation committee appointed by the Director that may include
representatives of the Division, the Board, other procuring agencies,
and contractors, architects, engineers, and others of the general
public. Each member of the selection committee shall certify as to
his lack of conflicts of interest.
(b) The Request for Proposals shall state all of the
evaluation factors and the relative importance of price and other
evaluation factors.
(c) The evaluation shall be based on the evaluation
factors set forth in the request for proposals. Numerical rating
systems may be used but are not required. Factors not specified in
the request for proposals shall not be considered.
(d) Proposals may be initially classified as potentially
acceptable or unacceptable. Offerors whose proposals are
unacceptable shall be so notified by the Director in writing and they
may not continue to participate in the selection process.
(e) This classification of proposals may occur at any time
during the selection process once sufficient information is received
to consider the potential acceptability of the offeror.
(f) The request for proposals may provide for a limited
number of offerors who may be classified as potentially acceptable.
In this case, the offerors considered to be most acceptable, up to the
number of offerors allowed, shall be considered acceptable.
(12) Proposal Discussions with Individual Offerors.
(a) Unless only one proposal is received, proposal
discussions with individual offerors, if held, shall be conducted with
no less than the offerors submitting the two best proposals.
(b) Discussions are held to:
(i) Promote understanding of the procuring agency's
requirements and the offerors' proposals; and
(ii) Facilitate arriving at a contract that will be most
advantageous to the procuring agencies taking into consideration
price and the other evaluation factors set forth in the request for
proposals.
(c) Offerors shall be accorded fair and equal treatment
with respect to any opportunity for discussions and revisions of
proposals. In conducting discussions, there shall be no disclosure of
any information derived from proposals submitted by competing
offerors. Any oral clarification or change of a proposal shall be
reduced to writing by the offeror.
(13) Best and Final Offers. If utilized, the Director shall
establish a common time and date to submit best and final offers.
Best and final offers shall be submitted only once unless the
Director makes a written determination before each subsequent
round of best and final offers demonstrating that another round is in
the best interest of the procuring agencies and additional
discussions will be conducted or the procuring agencies'
requirements may be changed. Otherwise, no discussion of, or
changes in, the best and final offers shall be allowed prior to award.
Offerors shall also be informed that if they do not submit a notice of
withdrawal or another best and final offer, their immediate previous
offer will be construed as their best and final offer.
(14) Mistakes in Proposals.
(a) Mistakes discovered before the established due date.
An offeror may correct mistakes discovered before the time and
date established in the Request for Proposals for receipt of that
information by withdrawing or correcting the proposal as provided
in Subsection R23-1-15(7).
(b) Confirmation of proposal. When it appears from a
review of the proposal before award that a mistake has been made,
the offeror may be asked to confirm the proposal. Situations in
UTAH STATE BULLETIN, June 01, 2010, Vol. 2010, No. 11 11