Current through Register Vol. 48, No. 38, September 20, 2024
a) CPO-GS
Authorization
A State agency may procure supplies or services (other than
for professional and artistic services, telecommunications services,
communication services, information services, and construction projects,
including design professional services) through means of a reverse auction if
the CPO-GS has made a determination that use of a reverse auction is in the
best interests of the State. The CPO-GS shall publish in the Bulletin that bids
will be received in an electronic auction manner as part of the notice of
Invitation for Bids.
b)
Reverse Auction Process
The CPO-GS or designee shall conduct a reverse auction
through a two-step IFB process consisting of bid prequalification and price
submission.
1) Prequalification
A) An invitation to prequalify shall be
issued requesting the submission of information addressing vendor
qualifications and responsibility; vendor specifications and/or samples;
confirming acceptance of auction procedures; and requiring agreement to accept
a contract using State contract terms and conditions if selected for award in
the price only part of the process. No pricing information shall be submitted
or considered in the prequalification step of the process.
B) The prequalification bids shall not be
opened publicly, but the opening shall be recorded and witnessed by a State
witness. Prequalification information will be evaluated on a pass/fail basis
and vendors will be notified directly as to whether they met or did not meet
the prequalification criteria.
2) Price
A)
An IFB shall be sent to those vendors who passed prequalification. The response
shall be limited to the submission of prices in the form specified in the IFB.
The IFB shall establish any minimum bid increments.
B) Prices shall be submitted electronically.
The CPO-GS shall cause the prices to be displayed as submitted, but the prices
as displayed will not identify the name of the vendor. Vendors may reduce their
price at any time during the active period of the auction.
C) When the low price is substantially lower
than other prices submitted, the CPO-GS or designee may request that the bidder
confirm the price and, if an error has occurred, may allow withdrawal in
accordance with the Code and this Part.
c) Technical Difficulties
1) The auction time may be extended or
rescheduled by the CPO-GS or designee if technical difficulties at the State
site do not allow the auction to be conducted as intended. Participants will be
notified of an extension or a rescheduling.
2) If technical difficulties occur at a
vendor site such that the vendor cannot electronically submit a price, the
CPO-GS or designee may accept a fax and will then enter the price for the
vendor. Faxed prices will not be accepted later than 5 minutes before the
originally scheduled end of the auction or if the faxed prices are higher than
the then-existing low price.
d) Reverse Auction Training
The CPO-GS or designee may provide instructions or training
to prequalified vendors regarding auction procedures and technology.
e) Disclosure of Reverse Auction
Information
After the end of the reverse auction, the names of those who
participated in either step of the process shall be disclosed and the final
price submitted by each participant.
