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Alaska Administrative Code (Last Updated: January 12, 2017) |
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Title 3. Commerce, Community, and Economic Development. |
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Part 3.1. Banking, Securities, Small Loans and Corporations. |
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Chapter 3.100. Procurement. |
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Article 3.100.4. Competitive Sealed Proposals. |
Section 3.100.400. Proposal discussions with offerors and best and final offers.
Latest version.
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(a) At the discretion of the procurement officer, an offeror whose proposal is reasonably susceptible for award as determined in the initial evaluation conducted under 3 AAC 100.370 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 of the proposal may be altered or otherwise changed during the course of the discussions, if the changes are within the scope of the request for proposals. Any modifications to a proposal as a result of discussions shall be reduced to writing by the offeror 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 authority's best interest to conduct additional discussions or change the authority's 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 offeror's previous proposal is considered the offeror'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 100.370.
Authorities
36.30.015;44.88.080