A) Progressive (Primary with Alternates)
A multiple award may be made to a primary and one or more
alternate vendors when there is a need for multiple vendors to ensure immediate
performance. The primary vendor shall have first refusal for all orders with
others contacted in progressive order. Ranking of the alternates shall be by
price or value depending on the methodology (IFB or RFP) used in the
solicitation. Selection to meet the particular need shall be by low price or
best value as appropriate to the underlying solicitation. If appropriate and
within legal requirements, an alternate progressive award for the same items
may be made to promote statutory preferences, goals, policies and programs
(e.g., small business set-aside).
B) Geographical
A multiple award may be made to a vendor based on
geographical locations in the State. A vendor may be granted multiple awards
for a particular geographical location based on a determination, in writing,
that:
i) use of the methods of source
selection set forth in Article 20 of the Code is not practicable or
advantageous because, for example, the program needs of State agencies cannot
reasonably be met within the normal procurement timeframes; or
ii) the type and variety of State agency
needs are such that a single award will not assure the needed availability or
diversity of vendors.
C)
Prequalified Pool of Vendors
i) Conditions for
Use. When it may be more efficient or more appropriate, based on the nature of
the supply or service, the CPO-GS or a State agency may issue a solicitation to
identify vendors who meet the criteria for the prequalified pool. Reasons for
use of this alternative include, but are not limited to, the need for
information technology or telecommunications supplies or services, or to
establish a pool of qualified vendors and then select from that pool as needs
arise.
ii) Request for
Qualifications. Qualifications shall be solicited by seeking statements of the
qualifications from vendors to determine their inclusion in a prequalified
pool. The qualifications submitted to the prequalified pool describe the
specific supplies or services the CPO-GS or State agency require that the
potential vendor can fulfill.
iii)
Public Notice. Public notice of the Request for Qualifications shall be
published in the Bulletin at least 14 days before opening of
qualifications.
iv) Receipt and
Registration of Qualifications. Proposals and modifications shall be opened
publicly at the time, date and place designated in the RFP. Opening shall be
witnessed by a State employee or by any other person present, but the person
opening proposals shall not serve as witness. A record shall be prepared that
includes the name of each offeror, the number of modifications received, if
any, a description sufficient to identify the supply or service item offered,
and a notation that the package contains a price proposal. The record of
proposals shall be open to public inspection after award of the contract.
Proposals and modifications shall be opened in a manner that avoids disclosing
contents to other offerors.
* Only State personnel and contractual agents authorized by
the SPO may review the proposals prior to award. Other than information that
was recorded, read and made publicly available at the opening of the proposals,
the State agency conducting the procurement shall not disclose any information
contained in the offer outside of contracting officers, identified State agency
personnel, or others specifically authorized by the CPO-GS or SPO until after
the award of the proposed contract has been posted to the Bulletin. This does
not restrict the disclosure of information to, or receipt by, State agency
personnel identified by the State agency head or the chief executive officer of
a board or commission to receive the information. The SPO may require
confidentiality and conflict statements from those persons identified by the
agency head or the chief executive officer to receive the information.
* The agency head or chief executive officer may identify
State employees who have primary responsibility for the procurement; State
employees who exercise experience or expertise in the subject matter of the
particular procurement in the normal course of business and as part of official
responsibilities; and State employees who exercise oversight, supervisory or
management authority over the procurement in the normal course of business and
as part of official responsibilities.
v) Evaluation Factors. The Request for
Qualifications shall contain the factors and subfactors, if any, to be used in
determining if a vendor is prequalified to provide the category of supplies or
services. These factors and subfactors, if any, include, but are not limited
to, responsibility, any necessary experience, any necessary technical
knowledge, any required certification or accreditation, and financial
stability.
vi) Discussion with
Responsible Vendors and Revisions of Qualifications. As provided in the Request
for qualifications, discussions may be conducted with responsible vendors who
submit qualifications determined to be reasonably susceptible of being
prequalified for clarifying and assuring full understanding of and
responsiveness for prequalification. Those vendors shall be accorded fair and
equal treatment with respect to any opportunity for discussion and revision of
qualifications. Revisions may be permitted after submission and before
prequalification. In conducting discussions, there shall be no disclosure of
any information derived from qualifications submitted by other vendors. If
information is provided to any vendor by the State, it shall be provided to all
vendors.
vii) Prequalified Pool. A
multiple award may be made for the prequalified pool when multiple vendors are
prequalified in response to a Request for Qualifications. Vendors shall be
prequalified in writing, taking into consideration the evaluation factors set
forth in the Request for Qualifications. The procurement file shall contain the
basis on which each vendor is determined to be prequalified.
viii) Submissions to the Prequalified Pool.
Each time the CPO-GS or State agency has a need for supplies or services from
the prequalified pool, the CPO-GS or State agency shall provide to each member
of the prequalified pool a document that describes in detail the supplies or
services needed and the selection criteria the CPO-GS or State agency will use
to make an award. The prequalified pool shall have at least 5 days to respond
with a submission that includes the price or value for the supplies or services
described in the proposal.
ix)
Discussion with the Prequalified Pool and Revisions to Quotation. As provided
in the Request for Qualifications, the State's detail of supplies or services
may be discussed with members of the prequalified pool to clarify and assure
full understanding of, and responsiveness to the request for the vendor
submission. Each member of the prequalified pool shall be accorded fair and
equal treatment with respect to any opportunity for discussion and revision of
proposals. Revisions may be permitted after submission and before award for
obtaining best and final offers. In conducting discussions, there shall be no
disclosure of any information derived from proposals submitted by competitors
in the prequalified pool. If any other information is disclosed to any member
of the prequalified pool, it shall be provided to all members of the
prequalified pool.
x) Award. Award
shall be made to the responsible prequalified member of the pool whose proposal
is determined in writing to be the most advantageous to the State, taking into
consideration the selection criteria set forth in the vendor's written
submission to the prequalified pool. The procurement file shall contain the
basis on which each award is made. If a vendor other than the lowest price or
value vendor is awarded the contract, the CPO-GS or State agency shall publish
in the Bulletin the reason for awarding to other than the lowest price or value
vendor.
xi) Every request for
procurement under this subsection (e)(2)(C) shall provide a method for allowing
additional vendors to become part of the prequalified pool after its creation,
which shall include additions to the prequalified pool at least
annually.
xii) This Section shall
not apply to a construction agency in the procurement of construction or
construction-related materials.
D) Multiple Award from a Cooperative,
Consortium, or Group Purchasing Organization
i) A cooperative, consortium, or group
purchasing organization may make a contract award to two or more vendors. The
CPO-GS or State agency may enter into a contract with the vendors awarded a
contract by the cooperative, consortium, or group purchasing
organization.
ii) Order. An order
shall be placed with a multiple award vendor whose quotation is determined in
writing to be the most advantageous (lowest cost or best value) to the State,
taking into consideration the selection criteria set forth in the request for
quotation. If the lowest priced or most advantageous vendor may be determined
without a written request for quotation, an order may be made with the low cost
or best value vendor. The procurement file shall contain the basis on which
each order is made. If a vendor other than the lowest price or best value
vendor receives an order, the CPO-GS or State agency shall provide
justification, such as compatibility with existing supplies or services in the
procurement file.
