N.J. Admin. Code § 17:9-10.11

Current through Register Vol. 56, No. 23, December 2, 2024

Section 17:9-10.11 - Evaluation of bid proposals permitting negotiation

(a) In addition to the requirements for the evaluation of bid proposals set forth at 17:9-10.1 0, the following requirements shall apply to negotiated procurements:

1. The evaluation committee's option to negotiate shall be expressly set forth in the RFP;

2. Mandatory requirements of the RFP are not negotiable;

3. Negotiations are limited to responsive bidders in the competitive range;

4. The evaluation committee shall notify each responsive bidder in the competitive range in general terms of the deficiencies in its bid proposal;

5. The evaluation committee may hold more rounds of negotiations with one responsive bidder in the competitive range than with another;

6. Negotiations shall be structured to safeguard information and ensure that all responsive bidders in the competitive range are treated fairly. Technical transfusion, technical leveling and auctioning are precluded;

7. Following completion of negotiations, the evaluation committee shall provide written notice to all responsive bidders in the competitive range that negotiations have concluded. Such notice shall advise all responsive bidders in the competitive range of the time and place for submission of best and final offers;

8. Each responsive bidder in the competitive range is limited to one best and final offer. The best and final offer can modify any aspect of the bid proposal, provided mandatory requirements of the RFP are satisfied; and

9. Best and final offers are not negotiable. Evaluation of best and final offers by the evaluation committee shall be on the basis of price and the evaluation criteria set forth in the RFP.

N.J. Admin. Code § 17:9-10.11