Utah Administrative Code
Topic - Administrative Services
Title R23 - Facilities Construction and Management
Rule R23-1 - Procurement Rules with Numbering Related to the Procurement Code
Section R23-1-712 - Best and Final Offers
Current through Bulletin 2024-06, March 15, 2024
Best and Final Offers shall be conducted in accordance with Section 63G-6a-707.5. This administrative rule provides additional requirements and procedures and must be used in conjunction with the Utah Procurement Code.
(1) The best and final offers process is an optional step in the evaluation phase of the request for proposals process in which offerors are requested to change their proposals.
(2) Only offerors meeting the qualifications, or scores described in the request for proposals are eligible to respond to best and final offers.
(3) Proposal modifications submitted in response to a request for best and final offers may only address the specific issues or sections of the request for proposals described in the request for best and final offers.
(4) Offerors may not use the best and final offers process to correct deficiencies in their proposals not addressed in the request for best and final offers issued by the division.
(5) When a request for best and final offers is issued to reduce cost proposals, offerors shall submit itemized cost proposals clearly indicating the tasks or scope reductions that can be accomplished to bring costs within the available budget.
(6) The best and final offers process may not be conducted as part of the contract negotiation process. It may only be conducted during the evaluation phase of the request for proposals process.
(7) The division may not use the best and final offers process to allow offerors a second opportunity to respond to the entire request for proposals.
(8) If a proposal modification is made orally during the interview or presentation process, the modification must be confirmed in writing.
(9) A request for best and final offers issued by the division shall:
(10) If an offeror does not submit a best and final offer, its immediately previous proposal will be considered its best and final offer.
(11) Unsolicited best and final offers will not be accepted from offerors.