Section 2115 - Discussion Proposal Procedures(a) The Commission may include in the CNS an option or a requirement to submit one or more Discussion Proposals.(b) Each Discussion Proposal shall employ an identical process outlined in this section.(c) If a Notice of Intention to Bid is used, only those Bidders who are not disqualified after the Notice of Intention to Bid are eligible to submit a Discussion Proposal.(d) Upon receipt of a Discussion Proposal, the Commission shall evaluate the Discussion Proposal for responsiveness to the CNS and the specific criteria detailed in the CNS. Discussion Proposals shall not be given a numerical score.(e) The Commission shall schedule a Confidential Meeting with each Bidder.(f) The Commission shall prepare a discussion agenda for each Discussion Proposal and shall send it to Bidder before the Confidential Meeting. The discussion agenda shall correspond to the criteria in the CNS, and note where the Discussion Proposal is not responsive to the requirements in the CNS and where the Discussion Proposal can be improved.(g) The purposes of the Confidential Meeting are to ensure that the Bidder's Final Proposal will be responsive to the CNS and to give the parties an opportunity to negotiate the content of the Discussion Proposal.(h) Oral statements by either party during any portion of the Discussion Proposal process shall not obligate either party.(i) After the Confidential Meeting, the Commission shall send a response to each Bidder who participated in the Confidential Meeting:(1) The response may take the form of a Discussion Memorandum, which memorializes agreements negotiated by the parties. The content of the Discussion Memorandum is binding on the Bidder. If the Bidder believes there is a discrepancy between the Discussion Memorandum and the content of the Confidential Meeting, the Bidder may request the Commission to change the Discussion Memorandum, which may be changed in the Commission's sole discretion.(2) If it appears that the Discussion Proposal cannot be restructured or changed in a reasonable time in order to become responsive to the CNS or fulfill the CNS criteria, and that further discussion would not likely result in an acceptable Final Proposal, the response shall detail why the Commission believes that Bidder is non-responsive to the CNS and is unlikely to receive an award. In such case, the Commission shall not accept any further Discussion Proposals or negotiations.(j) The CNS shall list date and time deadlines for each Discussion Proposal and requests for change of the Discussion Memorandum. The Commission may change these deadlines by notification to Bidders.(k) The Commission shall not accept protests for Discussion Proposals. Only Bidders who have submitted a Final Proposal and who are not awarded a contract are eligible to file an protest pursuant to Section 2121.Cal. Code Regs. Tit. 20, § 2115
1. New section filed 1-7-2000; operative 11-3-99 pursuant to Public Resources Code section 25620.2(c)(8). Submitted to OAL for printing only pursuant to Public Resources Code section 25620.2(c)(9) (Register 2000, No. 1). Note: Authority cited: Sections 25218(e) and 25620.2(c), Public Resources Code. Reference: Section 25620.5, Public Resources Code.
1. New section filed 1-7-2000; operative 11-3-99 pursuant to Public Resources Code section 25620.2(c)(8). Submitted to OAL for printing only pursuant to Public Resources Code section 25620.2(c)(9) (Register 2000, No. 1).