17 Alaska Admin. Code § 95.030

Current through October 17, 2024

Section 17 AAC 95.030 - Competitive sealed proposals

(a) Except as otherwise provided in this chapter, or unless otherwise exempted by law, the authority will award a contract by competitive sealed proposals if the authority determines that the use of competitive sealed bidding is not practicable or not advantageous to the state. A request for competitive sealed proposals will contain the date, time, and place for delivering proposals or designated portions of proposals; a specific description of the goods or services to be provided under the contract; the terms under which the goods or services are to be provided; a description of required proposal content; evaluation factors; and the weighing factor or numerical rating system that will be used in evaluation. The authority will give public notice of its request for competitive sealed proposals by publishing the request for proposals in the manner described in 17 AAC 95.020(d).

(b) The authority may conduct a procurement by competitive sealed proposals in two or more steps, in which the authority requests the submission of specified information or partial proposals in the first step, and requests additional information or proposals in later steps. Participation in the later steps of the procurement may be limited to the offerors whose initial submittals are determined to be technically qualified or among those ranked highest by the authority.

(c) The request for proposals may require proposers to provide proposal security. The authority may subsequently waive any requirement to provide proposal security contained in a request for proposals.

(d) Questions or requests for clarification regarding a request for proposals must be submitted in writing to the person responsible for receiving those submissions, as designated in the request for proposals. The authority will provide the responses in writing, will provide the responses to other proposers, and will make the responses available to the public.

(e) A person that submits a proposal may correct, modify, or withdraw its proposal before the time and date set for receipt of proposals in the manner described in 17 AAC 95.020(g).

(f) Upon receipt of a proposal, modification, or correction, the authority will note the date and time of receipt upon the envelope and will hold the proposal, modification, or correction in a secure place. After the date set for receipt of proposals, the authority will prepare a register of proposals received. The register will include

(1) the name of each offeror; and

(2) a description of the services, supplies, or items offered.

(g) Unless otherwise noted in the request for proposals, the authority will not accept a proposal, correction, modification, or withdrawal received after the date set for receipt of proposals unless the authority determines that the delay was attributable to an error by the authority.

(h) The authority may cancel a request for proposals, reject any or all proposals in whole or in part, or delay the date for opening proposals if the authority determines it to be in the best interest of the authority to do so. The authority will make the reasons for the cancellation, rejection, or delay a part of the procurement file.

(i) The appropriate authority officer shall designate an evaluation committee to evaluate proposals received in response to a request for proposals. The evaluation committee must consist of the appropriate authority officer and at least two employees of the authority selected by the appropriate authority officer. The evaluation committee shall evaluate the proposals as follows:

(1) the evaluation committee shall base its evaluations only on the evaluation factors set out in the request for proposals;

(2) the evaluation committee shall use the weighing factor or numerical rating system set out in the request for proposals;

(3) if the evaluation committee uses a numerical rating system, the evaluation committee shall award the contract to the offeror receiving the highest final score; and

(4) if the evaluation committee does not use a numerical rating system, each member of the evaluation committee, as applicable, shall justify or explain the ranking determination in writing.

(j) If the authority receives only one responsive and responsible proposal in response to a request for proposals, the authority may accept the proposal, reject the proposal, or resolicit proposals.

(k) Offerors shall fully comply with all terms of the request for proposals and with this chapter. The authority will consider an offeror that does not comply to be nonresponsive and will reject the offeror's proposal.

(l) If the evaluation committee determines, as part of an evaluation conducted under this section, that a proposal is reasonably susceptible for award but contains weaknesses or deficiencies, the authority may provide each offeror of a proposal susceptible to award the opportunity to discuss the weaknesses or deficiencies with either the appropriate authority officer or the evaluation committee. The evaluation committee may adjust or alter the evaluation of a proposal as a result of the discussion. During a discussion under this subsection,

(1) the authority may limit discussion to specific sections of the request for proposals;

(2) if there is a need for substantial clarification or change in the request for proposals, the authority will amend the request for proposals to incorporate the changes; and

(3) the authority will not use auction techniques that reveal one offeror's cost to another offeror and will not disclose any information derived from competing proposals.

(m) Following any discussions under (l) of this section, the authority will set a date and time for submission of revised proposals. An offeror may submit a revised proposal only once. However, the authority may make a written determination that it is in the authority's best interest to conduct additional discussions or to change the requirements and require another submission of revised proposals.

(n) When the authority identifies the apparently successful proposal, it will issue a notice of intent to award the contract. The notice of intent to award the contract will contain the information set out in 17 AAC 95.020(p) (1) - (4). The notice of intent to award the contract does not constitute a notice to proceed.

(o) For architectural, engineering, or land surveying services, the authority may negotiate a contract with the most qualified and suitable firm or person of demonstrated competence. The authority may award a contract for those services at fair and reasonable compensation as determined by the executive director after consideration of the estimated value of the services to be rendered and the scope, complexity, and professional nature of the services. Unless otherwise prohibited by federal regulation, contractual or grant agreements, or other governing authority, when determining the most qualified and suitable firm or person, the authority will consider the proximity to the project site of the office of the firm or person.

17 AAC 95.030

Eff. 9/17/2011, Register 199

Authority:AS 19.75.111

AS 36.30.015