Section 15.150.330. Competitive sealed proposals.

	(a)  Except as provided in 15 AAC 150.341 - 15 AAC 150.370, the corporation will award contracts for professional services on the basis of competitive sealed proposals as described in this section. A request for competitive sealed proposals will contain the date, time, and place for delivering proposals; a specific description of the professional services to be provided under the contract; the terms under which the professional services are to be provided; evaluation factors, which will include cost; and the weighing factor or numerical rating system that will be used in evaluation. The corporation will give public notice of its request for competitive sealed proposals by publishing the request for proposals in the manner described in 15 AAC 150.320(d).  
	(b)  A person that submits a proposal may correct, modify, or withdraw its proposal before the time and date set for receipt of proposals in the manner described in 15 AAC 150.320(g).  
	(c)  Upon receipt of a proposal, modification, or correction, the Corporation will note the date and time of receipt upon the envelope and will hold the proposal, modification, or correction in a secure place. After the date set for receipt of proposals, the Corporation will prepare a register of proposals received. The register will include:  
		(1) the name of each offeror; and  
		(2) a description of the services, supplies, or items offered.  
	(d)  Unless otherwise noted in the request for proposals, the Corporation will not accept a proposal, correction, modification, or withdrawal received after the date set for receipt of proposals unless the Corporation determines that the delay was attributable to an error by the Corporation.  
	(e)  The corporation may cancel a request for proposals, reject any or all proposals in whole or in part, or delay the date for opening proposals if the corporation determines it to be in the best interest of the corporation to do so. The corporation will make the reasons for the cancellation, rejection, or delay a part of the procurement file.  
	(f)  The appropriate corporation officer may designate an evaluation committee to evaluate proposals received in response to a request for proposals. The evaluation committee may consist of the appropriate corporation officer and at least two employees of the corporation or subject matter experts selected by the appropriate corporation officer. The evaluation committee may not consist of a majority of subject matter experts that are not also employees of the corporation. The evaluation committee will evaluate the proposals as follows:  
		(1) the evaluation committee will base its evaluations only on the evaluation factors set out in the request for proposals;  
		(2) cost will be an evaluation factor, as set out in the request for proposals under (a) of this section;  
		(3) the evaluation committee may use a numerical or other rating system;  
		(4) if the evaluation committee uses a numerical rating system, the evaluation committee will award the contract to the offeror receiving the highest final score;  
		(5) if the evaluation committee does not use a numerical rating system, the appropriate corporation officer, or each member of the evaluation committee, as applicable, shall justify or explain the ranking determination in writing; and   
		(6) the evaluation committee will use the weighing factor or numerical rating system set out in the request for proposals.  
	(g)  If the corporation receives only one responsive and responsible proposal in response to a request for proposals, the corporation may accept the proposal, reject the proposal, or resolicit proposals.  
	(h)  Offerors shall fully comply with all terms of the request for proposals and with 15 AAC 150.300 - 15 AAC 150.490. The corporation will consider an offeror that does not comply to be nonresponsive and will reject the offeror's proposal.  
	(i)  If the evaluation committee determines, as part of an evaluation conducted under (f) of this section, that a proposal is reasonably susceptible for award, the appropriate corporation officer may offer the offeror of the proposal the opportunity to discuss the proposal with either the appropriate corporation officer or the evaluation committee. The evaluation committee may adjust or alter the evaluation of a proposal as a result of the discussion. During a discussion under this subsection,  
		(1) the corporation may limit discussion to specific sections of the request for proposals;  
		(2) if there is a need for substantial clarification or change in the request for proposals, the corporation will amend the request for proposals to incorporate the changes; and  
		(3) the corporation will not use auction techniques that reveal one offeror's cost to another offeror and will not disclose any information derived from competing proposals.  
	(j)  Following any discussions under (i) of this section, the corporation will set a date and time for submission of best and final proposals. An offeror may submit a best and final proposal only once. However, the corporation may make a written determination that it is in the corporation's best interest to conduct additional discussions or to change the requirements and require another submission of best and final proposals.  
	(k)  When the Corporation identifies the apparently successful proposal, it will issue a notice of intent to award the contract. The notice of intent to award the contract will contain the information set out in 15 AAC 150.320(p)(1) - (p)(4). The notice of intent to award the contract does not constitute a notice to proceed.  
	(l)  If the corporation considers it impractical initially to prepare a definitive purchase description to support an award based on listed selection criteria, the corporation may use a multi-step sealed proposal process in which it issues an expression of interest requesting the submission of unpriced technical offers, to be followed by a request for proposals limited to the offerors whose offers are determined to be technically qualified under the criteria set out in the expression of interest.  
	(m)  Notwithstanding (f)(2) of this section, for architectural, engineering, or land surveying services, the corporation may negotiate a contract with the most qualified and suitable firm or person of demonstrated competence. The corporation will award a contract for those services at fair and reasonable compensation as determined by the appropriate corporation officer after consideration of the estimated value of the services to be rendered and the scope, complexity, and professional nature of the services. Unless otherwise prohibited by federal regulation, contractual or grant agreements, or other governing authority, when determining the most qualified and suitable firm or person, the corporation will consider the proximity to the project site of the office of the firm or person.  
	(n)  The procurement officer may conduct a design-build procurement process if the corporation determines that the process is advantageous to the corporation. If a design-build procurement process is used, the request for proposals must solicit a single price for both design and construction services. Nothing in this subsection prohibits a multi-step award process.  
	(o)  Nothing in this section prevents posting in electronic media to satisfy the competitive solicitation and notice of award requirements. The procurement officer may issue and receive competitive sealed proposals through an electronic solicitation system, if the system is able to receive electronic proposal documents and corrections to proposal documents, document the date and time of receipt of proposal documents, and secure the electronic submissions from being reviewed until after the date and time for receipt of proposals.  

Authorities

36.30.015

Notes

Reference

15 AAC 150.220
15 AAC 150.320

Authority

AS 36.30.015

History

Eff. 6/28/96, Register 138; am 12/5/2014, Register 212