Current through October 17, 2024
Section 3 AAC 109.400 - Proposal discussions with offerors and best and final offers(a) At the discretion of the procurement officer, an offerer whose proposal is reasonably susceptible for award as determined in the initial evaluation may be offered the opportunity to confidentially discuss the proposal with the procurement officer or procurement evaluation committee.(b) The opportunity for confidential discussions, if held, must be extended to all offerors submitting proposals determined reasonably susceptible for award.(c) Meetings with offerors under this section are not subject to AS 44.62.310-44.62.319 (Open Meetings Act).(d) Auction techniques that reveal one offeror's price to another, and disclosure of any information derived from competing proposals, are prohibited.(e) The procurement officer may limit discussions to specific sections of the proposals received or specific sections of the request for proposals.(f) The conditions, terms, or price or the proposal may be altered or otherwise changed during the course of the discussions, if the changes are with in the scope of the request for proposals. Any modifications to a proposal as a result or discuss ions shall be reduced to writing by the offerer within the time frame designated by the procurement officer.(g) Following discussions, the procurement officer may set a date and time for the submission of best and final proposals.(h) Best and final proposals may be submitted more than once if the chief procurement officer makes a written determination that it is in the best interests of the purposes of this chapter to conduct additional discussions or change the requirements and request submission of another round of best and final proposals.(i) If an offeror does not submit a best and final proposal or a notice of withdrawal, the offerer's previous proposal is considered the offerer's best and final proposal for the purpose of evaluation and award.(j) The evaluation of a proposal may be adjusted as a result of discussions under this section.(k) After best and final proposals are received, final evaluations will be conducted as described in 3 AAC 109.370 (evaluation of proposals).Eff. 7/10/2015, Register 215, October 2015