Current through Register Vol. 48, No. 38, September 20, 2024
a) Definition
Multi-step sealed bidding or multi-step sealed proposal
(MSB/P) is a two-phase process consisting of a technical first phase composed
of one or more steps in which bidders or offerors submit unpriced technical
offers to be evaluated by the State, and a second phase in which those bidders
or offerors whose technical offers are determined to be acceptable during the
first phase have their price bids or offers considered.
b) Conditions for Use
The MSB/P method may be used when it is determined in writing
by the SPO that it is not practical to prepare initially a definitive purchase
description that will be suitable to permit an award based on price. MSB/P may
be used when it is considered desirable:
1) to invite and evaluate possible diverse
technical offers to determine their acceptability to fulfill the purchase
description requirements; and
2) to
conduct discussions for the purposes of facilitating understanding of the
technical offer and purchase description requirements and, when appropriate,
obtain supplemental information, permit amendments of technical offers, or
amend the purchase description.
c) Pre-Submission Conference in Multi-Step
Sealed Bidding
Prior to the submission or evaluation of unpriced technical
offers, a pre-submission conference as contemplated by Section
1.2005(w)
may be conducted by the SPO or designee.
d) Procedure for Step One of MSB/P
1) Form. MSB/P shall be initiated by the
issuance of an IFB in the form required by Section
1.2010
(Competitive Sealed Bidding) or an RFP in the form required by Section
1.2015
(Competitive Sealed Proposals), except as otherwise provided in this subsection
(d). In addition to the requirements set forth in Section
1.2010
or 1.2015, the multi-step IFB or multi-step RFP shall state:
A) that it is a multi-step sealed bid
procurement, that unpriced technical offers will be evaluated, and that priced
bids or offers will be considered only in the second phase and only from those
bidders or offerors whose unpriced technical offers are found acceptable in the
first phase;
B) the criteria to be
used in the evaluation of the unpriced technical offers;
C) that the SPO or designee may conduct oral
or written discussions of the unpriced technical offers; and
D) that the item being procured shall be
furnished generally in accordance with the bidder's or offeror's technical
offer as found to be finally acceptable and shall meet the requirements of the
IFB or RFP.
2)
Amendments to the IFB or RFP. After receipt of unpriced technical offers,
amendments to the IFB or RFP shall be distributed only to bidders or offerors
who submitted unpriced technical offers, and those bidders or offerors shall be
permitted to submit new unpriced technical offers or to amend those submitted.
If, in the opinion of the SPO, a contemplated amendment will significantly
change the nature of the procurement, the IFB or RFP may be canceled in
accordance with Section
1.2040
(Cancellation of Solicitation and Contract Awards; Rejection of Bids or
Proposals) and a new IFB or RFP issued.
3) Receipt and Handling of Unpriced Technical
Offers. Unpriced technical offers submitted by bidders or offerors shall be
marked with the date and time received.
4) Step one of the MSB/P and modifications
shall be opened publicly at the time, date and place designated in the MSB/P in
the presence of a State witness or through an electronic procurement system
selected by the CPO-GS. The person opening bids shall not serve as witness.
Only the name of the bidder or offeror shall be read. Technical offers shall
not be disclosed to persons not authorized by the SPO.
5) Evaluation of Unpriced Technical Offers.
The unpriced technical offers submitted by bidders or offerors shall be
evaluated solely in accordance with the criteria set forth in the IFB or
RFP.
6) Discussions. The State
agency, in consultation with the SPO, may conduct discussions with a bidder or
offeror to determine in greater detail the bidder's or offeror's
qualifications, to explore with the bidder or offeror its ability to supply the
specific supply or service, and the bidder's or offeror's proposed method of
performance.
7) Unacceptable
Unpriced Technical Offer
When the SPO determines a bidder's or offeror's unpriced
technical offer does not meet criteria, the offer shall be rejected.
e) Procedure for Step
Two of Multi-Step Sealed Bidding or Multi-Step Sealed Proposals
1) Initiation. Upon the completion of phase
one, the SPO or designee shall either:
A)
open priced bids and offers submitted in step one (if priced bids were required
to be submitted) from bidders whose unpriced technical offers were found to be
acceptable. Price must be submitted in a separate envelope in the bid or
proposal package and not mentioned elsewhere in the bid or proposal package;
or
B) if priced bids or offers have
not been submitted, invite each acceptable bidder or offeror to submit a sealed
priced bid or offer.
2)
Conduct. Phase two shall be conducted as any other competitive sealed bid
procurement.
