Current through Register Vol. 30, No. 38, September 20, 2024
A. Multistep sealed bidding shall be
initiated by the issuance of an invitation to submit technical offers. The
invitation to submit technical offers shall be issued according to
R7-2-1022
and
R7-2-1024(A).
B. The invitation to submit technical offers
shall include the following information:
1.
Notice that the procurement shall be conducted in two phases;
2. The best description of the material or
services desired;
3. A statement
that unpriced technical offers only shall be considered in phase 1;
4. The requirements for the technical offers,
such as drawings and descriptive literature;
5. The criteria for evaluating technical
offers;
6. The due date and time
for receipt of technical offers and the location where technical offers shall
be delivered or mailed;
7. A
statement that discussions may be held;
8. A statement that only bids based on
technical offers determined to be acceptable in phase 1 shall be considered for
award;
9. The name of the district
representative or district representatives;
10. Notice that all technical offers
submitted will be made available for public inspection following the award of
the contract; and
11. The date,
time and location of any pre-technical offer conference.
C. A school district may conduct a
pre-technical offer conference open to all persons. If a pre-technical offer
conference is conducted, it shall be not less than seven days before the
technical offer due date and time, unless the school district makes a written
determination that the specific needs of the procurement justify a shorter
time. Statements made during the pre-technical offer conference shall not be
considered modifications to the invitation to submit technical offers.
D.The invitation to submit technical offers may be
amended before or after the submission of the unpriced technical offers.
1.
Amendments to an invitation
to submit technical offers shall be so identified and the school district shall
ensure that the amendments are distributed or made available to all persons to
whom the original invitation to submit technical offers was distributed or made
available. The school district shall make a copy of the amendments to an
invitation to submit technical offers available for public inspection at the
school district office. If the school district posted the invitation to submit
technical offers or a notice of the availability of an invitation to submit
technical offers on a designated site on the Internet, then the school district
shall post any amendments to the invitation to submit technical offers on the
same designated site on the Internet. The school district shall also do one or
more of the following:
a. Distribute the
amendment, by any method reasonably calculated to ensure delivery, to all
persons to whom the invitation to submit technical offers was
distributed;
b. Make the amendment
available and issue a notice of amendment which contains instructions for
obtaining copies of the amendment. The notice of amendment shall be
distributed, by any method reasonably calculated to ensure delivery, to all
persons to whom the invitation to submit technical offers was distributed. Upon
receipt of such notice of amendment, it is the responsibility of the person to
obtain the amendment.
2.
Amendments shall be issued within a reasonable time before technical offer
opening to allow persons to consider them in preparing their technical offers.
If the school district determines that the technical offer due date and time
does not permit sufficient time for technical offer preparation, the technical
offer due date and time shall be extended in the amendment or, if necessary,
telephone, facsimile, email, or other communications methods, and confirmed in
the amendment.
3. A person shall
acknowledge receipt of an amendment in the manner specified in the invitation
to submit technical offers or the amendment on or before the technical offer
due date and time.
E.Unpriced
technical offers shall not be opened publicly, but shall be opened in the
presence of two or more district officials designated by the school district.
The contents of unpriced technical offers shall not be disclosed to
unauthorized persons. Late technical offers shall not be considered except
under the circumstances set forth in
R7-2-1028(B).
F.Unpriced technical offers shall be evaluated solely
in accordance with the criteria set forth in the invitation to submit technical
offers and shall be determined to be either acceptable for further
consideration or unacceptable. A determination that an unpriced technical offer
is unacceptable shall be in writing, state the basis for the determination and
be retained in the procurement file. If the school district determines a
person's unpriced technical offer is unacceptable, the school district shall
notify that person of the determination and that the person shall not be
afforded an opportunity to amend the technical offer.
G.The school district may conduct discussions
with any person who submits an acceptable or potentially acceptable technical
offer. During discussions, the school district shall not disclose any
information derived from one unpriced technical offer to any other person.
After discussions, the school district shall establish a due date and time for
receipt of final technical offers and shall notify, in writing, persons
submitting acceptable or potentially acceptable technical offers of the due
date and time. The school district shall keep a detailed record of all
discussions.
H.At any time
during phase 1, technical offers may be withdrawn.
I. A copy of the invitation to submit
technical offers shall be made available for public inspection at the school
district office.
