Ga. Comp. R. & Regs. 665-2-4-.02

Current through Rules and Regulations filed through November 21, 2024
Rule 665-2-4-.02 - Methods of Sources Selection

Competitive source selection may be conducted in accordance with the following best value methods.

(a) The following steps may be employed in the application of the best value procurement methodology:
1. Appropriate best value bidding method is determined by purchasing authority.
2. Solicitation document is developed and advertised in accordance with other rules of this Chapter.
3. Scheduled conferences or site visits are held in accordance with solicitation requirements.
4. Offers are received and a public bid opening is conducted. For solicitations that allow for negotiation after receipt of offers, only the names of responding bidders are revealed. Price information shall be made public after evaluation and award.
5. An evaluation committee evaluates offers in accordance with the stated evaluation factors. For solicitations that include a best value ranking process, scoring and ranking may be determined by using any consistent rating methodology, including adjectival, numerical, or ordinal rankings. The results of the evaluation committee shall be documented in the contract file. Evaluation factors may include but are not limited to quality factors; delivery and implementation schedule; maximum facilitation of data exchange and systems integration; warranties, guarantees, and return policies; vendor financial stability; consistency of the proposed solution with the state's strategic program direction; effectiveness of business solution and approach; industry and program experience; prior record of vendor performance; vendor expertise with similar projects; proven development methodologies and tools; and innovative use of technologies.
6. Clarifications, communications to establish a competitive range, or negotiations may be conducted with offerors after receipt of offers in accordance with instructions and procedures set forth in the solicitation document and as appropriate to the method of source selection chosen. In those cases where negotiation is permitted by procedures set forth in the solicitation document, offerors may be allowed to submit best and final offers subsequent to negotiated changes in the initial offer or previous offer.
7. The evaluation committee shall determine a final ranking of all offers under consideration using only the criteria set forth in the solicitation document. All offerors shall be ranked from most advantageous to least advantageous to the state.
8. Award must be made to the responsive and responsible offeror whose offer is determined in writing to be the most advantageous to the state, using all evaluation factors set forth in the solicitation. If the lowest price technically acceptable method is used, award must be made to the responding and responsible offeror with the lowest price.
9. The following types of solicitation may be used:
(i) One-step Invitation for Bids (IFB) or Request for Proposals (RFP) Technical and price response is submitted at the same time.
(I) If the lowest priced technically acceptable method of source selection is used, only clarifications are allowed.
(II) If the trade off or ranking method of source selection is used, communications to establish competitive ranges or negotiations may be used. Final price adjustments or best and final offers may be allowed.
(ii) Two step IFB or RFP Technical responses (step one) and price responses (step two) to solicitation are submitted separately.
(I) If the lowest priced technically acceptable method is used, technical responses (step one) are evaluated for acceptability only. Only clarifications with offerors are allowed. Price offers are opened (step two) for only those offerors who submitted technically acceptable responses. Selection is made by low price analysis.
(II) If the trade off or ranking method of source selections is used, technical responses (step one) are submitted, after which clarifications, communications to establish a competitive range, and negotiations with offerors may be allowed as specified in the solicitation document. Price responses (step two) are requested only from offerors placed in the competitive range after the technical evaluation and discussion phase has concluded. Subsequent negotiations may be conducted with offerors after receipt of price responses. Final price adjustments or best and final offers may be allowed.
(b) A trade off method of source selection may be utilized when the best value is expected to result from selection of other than the lowest priced offer or other than the highest technically qualified offer. For a solicitation using a trade off source selection method, the following shall apply:
1. Evaluation factors that will affect the contract award decision and their relative importance shall be generally stated in the solicitation.
2. Price must be considered as an evaluation factor in the selection process. The solicitation shall state the importance or numerical weight of all evaluation factors including price.
3. Offers are ranked using the evaluation factors and their relative importance or weight. The relative overall ranking of any offer may be adjusted up or down when considered with, or traded-off against, other non-price factors. For example, an offer with the lowest price when compared to other offers would normally receive the best ranking in the price evaluation category. However, if other non-price evaluation factors received low rankings, the overall ranking of the offer would be reduced.
4. Clarifications are permitted. If specified in the solicitation, communications and negotiations may be permitted after receipt of offer.
(c) The lowest price technically acceptable source selection method may be used when best value is expected to result from selection of the technically acceptable offer with the lowest evaluated price. When using the lowest price technically acceptable method, the following shall apply:
1. The evaluation factors that establish the requirements of acceptability shall be set forth in the solicitation. Solicitations shall specify that award will be made on the basis of the lowest evaluated price of those proposals that meet or exceed the acceptability requirements for non-price factors.
2. Trade offs between price and non-price factors are not permitted.
3. Proposals are evaluated for acceptability but are not ranked using the non-price factors.
4. Clarifications are permitted. If specified in the solicitation, communications and negotiations may be permitted after receipt of offer.
(d) Any source selection process may incorporate the pre-qualification of contractors (Request for Qualified Contractors or RFQC) prior to the issuance of a RFQ or RFP when deemed advantageous by the CIO. If the source selection process anticipates negotiations then all confidentiality provisions of this Chapter shall be in full force and effect from the issuance of the RFQC to the award of the contract.
(e) GTA may employ the use of on-line reverse auctions to arrive at the lowest price. This solicitation method will satisfy any requirement necessitating a competitive sealed bidding. The names of the bidders may be held in confidence until the award of the contract.
(f) Other competitive best value source selection methodologies may be used if they are determined to be advantageous to the state and are approved for use by the CIO or his designee.

Ga. Comp. R. & Regs. R. 665-2-4-.02

O.C.G.A. Secs. 50-25-7.3, 50-25-7.4, 50-25-4.

Original Rule entitled "Methods of Source Selection" adopted. F. Apr. 16, 2001; eff. May 6, 2001.