Current through Register Vol. 48, No. 38, September 20, 2024
a) Definition
Multi-step sealed bidding is a two-phase process consisting
of a technical first phase composed of one or more steps in which bidders
submit unpriced technical offers to be evaluated by the State, and a second
phase in which those bidders whose technical offers are determined to be
acceptable during the first phase have their price bids considered.
b) Conditions for Use
The multi-step sealed bidding 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. Multi-step sealed bidding 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
revisions 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
4.2005(w)
(Pre-Submission Conference) may be conducted by the SPO or designee.
d) Procedure for Phase One of Multi-Step
Sealed Bidding
1) Form. Multi-step sealed
bidding shall be initiated by the issuance of an Invitation for Bids in the
form required by Section
4.2010
(Competitive Sealed Bidding), except as otherwise provided in this subsection
(d). In addition to the requirements set forth in Section 4.2010, the
multi-step IFB shall state:
A) that it is a
multi-step sealed bid procurement, that only unpriced technical offers are
requested, and that priced bids will be considered only in the second phase and
only from those bidders 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 technical offer as found to
be finally acceptable and shall meet the requirements of the IFB.
2) Amendments to the IFB. After
receipt of unpriced technical offers, amendments to the IFB shall be
distributed only to bidders who submitted unpriced technical offers, and those
bidders 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 may be canceled in
accordance with Section
4.2040
(Cancellation of Solicitation; Rejection of Bids or Proposals) and a new IFB
issued.
3) Receipt and Handling of
Unpriced Technical Offers. Unpriced technical offers submitted by bidders shall
be opened in the presence of at least one State witness or through an
electronic procurement system approved by the CPO-HE.
4) Evaluation of Unpriced Technical Offers.
Unpriced technical offers submitted by bidders shall be evaluated solely in
accordance with the criteria set forth in the IFB.
5) Unacceptable Unpriced Technical Offer.
When the SPO determines a bidder's unpriced technical offer does not meet
criteria, the offer shall be rejected.
6) Discussions. The university, in
consultation with the SPO, may conduct discussions with a bidder to determine
in greater detail the bidder qualifications and to explore with the bidder its
ability to provide the specific supply or service and the bidder proposed
method of performance. Each bidder shall be given fair opportunity to make
revisions authorized as a result of discussions.
e) Procedure for Phase Two
1) Initiation. Upon the completion of phase
one, the SPO or designee shall either:
A)
open priced bids submitted in phase one (if priced bids were required to be
submitted) from bidders whose unpriced technical offers were found to be
acceptable; or
B) if priced bids
have not been submitted, invite each acceptable bidder to submit a priced
bid.
2) Conduct. Phase
two shall be conducted as any other competitive sealed bid procurement except
that only price and related factors are evaluated.
