Current through Register Vol. 48, No. 1, January 10, 2025
Section R-24-103-208-03 - Invitation to NegotiateContracts may be awarded by an invitation to negotiate. Unless otherwise specified, the general rules under rule R- 24-103-201 shall apply to invitations to negotiate. The invitation to negotiate is intended to solicit responses from potential vendors to determine the best method for achieving a specific goal or solving a particular problem to identify one or more responsive vendors with which the state may negotiate to determine the response that is most advantageous.
(a) The invitation to negotiate must include, at a minimum, a statement of work or specifications that address the specific goals or problems that are the subject of the solicitation, proposed terms of the resulting contract, and evaluation factors. The invitation to negotiate must describe which items can be negotiated and which are non-negotiable. Anything that is identified as non-negotiable is considered mandatory and may not be waived by the state. Evaluation factors are non-negotiable.(b) The state shall evaluate responses against all evaluation factors set forth in the invitation to negotiate. Numerical rating systems may be used. Prior to determining the competitive range of responses reasonably susceptible of award, the state, in its discretion, may hold discussions with any or all responsible vendors who submit responses for the purpose of clarification to assure understanding of the solicitation requirements and the vendor's responses. Vendors shall be accorded fair and equitable treatment. The evaluation, including the results of any discussions, shall result in the determination of a competitive range of responses reasonably susceptible of award.(c) The state shall commence negotiations with those vendors whose responses are determined to be in the competitive range. The state may discontinue negotiations with a vendor if the state determines that the response is no longer reasonably susceptible of award. The purpose of negotiations is to facilitate a contract that will be most advantageous to the state, taking into consideration price and the other evaluation factors set forth in the invitation to negotiate.(d) The committee(s) established to evaluate the responses and negotiate with vendors whose proposals are in the competitive range shall make a recommendation to the procurement official or his or her designee. If the procurement official or his or her designee approves the recommendation, an award shall be made in accordance with the recommendation.(e) The award shall be made to the responsible vendor whose response is determined in writing to be the most advantageous to the state, taking into consideration the price and the evaluation factors set forth in the invitation to negotiate and the result of negotiations. No other factors or criteria shall be used in the evaluation.(f) The procurement record shall contain the basis on which the award is made along with an explanation of why the award provides the best value to the state.38 CR 15, August 10, 2015, effective 8/31/201541 CR 17, September 10, 2018, effective 10/1/201846 CR 11, June 10, 2023, effective 7/1/2023