Current through Register Vol. 48, No. 1, January 10, 2025
Section R-24-103-208-02 - Competitive NegotiationContracts may be awarded by competitive negotiation.
(a) After an unsuccessful solicitation process, a contract may be awarded by competitive negotiation if the procurement official determines that time does not permit re-solicitation.(b) A solicitation process is unsuccessful if (1) all offers received are unreasonable or not individually competed; (2) the low bid exceeds available funds; (3) the solicitation has been properly cancelled in accordance with the provisions of section 24-103-301, C.R.S., or part 5 of article 109 of the code (except sections 24-109-503 and 24-109-504, C.R.S., which require prior approval from executive director or his or her designee); or (4) the number of responsive offers is not adequate to ensure adequate competition.(c) The competitive negotiation process shall include all vendors who responded to the solicitation or any rebid and may include other vendors capable of fulfilling the state's needs.(d) The purchasing agency may set reasonable times and locations for participation in the competitive negotiation, reflecting the fact that time constraints are the basis for the competitive negotiation process.(e) Each vendor with whom the purchasing agency negotiates shall be given a fair and equitable chance to compete. Negotiations shall be conducted separately and independently with each vendor. In no case shall the terms of any vendor's offer be communicated to any other vendor until an intent to award notice has been issued. Any change in requirements shall be communicated to all vendors participating in the competitive negotiation.(f) A vendor may be eliminated from the process upon a determination that its offer is not reasonably susceptible of being selected for award.(g) The award shall be made to the vendor whose offer is most advantageous to the state, taking into consideration the price and the evaluation factors set forth in the solicitation. The procurement official shall make a written determination that identifies the nature of the discussions with each vendor and that states why the selected offer is the most advantageous to the state.38 CR 15, August 10, 2015, effective 8/31/201541 CR 17, September 10, 2018, effective 10/1/201846 CR 11, June 10, 2023, effective 7/1/2023