Haw. Code R. § 3-143-403

Current through March, 2024
Section 3-143-403 - Discussions with applicants after submittal deadline
(a) After the submittal deadline, the purchasing agency may engage in discussions with applicants as provided in this section as often as the purchasing agency deems necessary or convenient.
(b) Allowed purposes for discussion. Discussions may be held under this section for the purposes of:
(1) Clarifying elements of the request for proposals or the proposal;
(2) Facilitating the refinement of proposals to produce the contract that will be most advantageous to the state in light of the evaluation criteria set forth in the request for proposals; or
(3) Negotiation with providers to arrive at a more advantageous set of proposals for the state to consider.
(c) Procedure for conducting discussions. The purchasing agency shall establish procedures and schedules for conducting discussions under this section that will insure the reasonably fair and equal treatment of all applicants.
(d) Modification or cancellation of request for proposals for material change. In response to matters raised during discussions conducted under this section, a purchasing agency may modify or cancel its request for proposals as provided herein.
(1) If a proposed modification does not constitute a material change in the nature of the request for proposals, then the purchasing agency may issue a written addendum in accordance with section 3-143-301.
(2) If a proposed modification does constitute a material change in the nature of the request for proposals, then the purchasing agency may cancel the request for proposals in accordance with section 3-143-613, and a new request for proposals may be issued.
(e) Material change defined. For purposes of this section, a material change in the nature of a request for proposals is one that would alter a reasonable applicant's decision not to have submitted a proposal.
(f) Confidentiality of proposal contents during discussions. The confidentiality of the contents of individual proposals shall be maintained in accordance with section 3-143-604 during the course of any discussions conducted under this section in order to prevent the disclosure of such contents to competing applicants.

Haw. Code R. § 3-143-403

[Eff 6/19/99; am and comp JAN 23 2006] (Auth: HRS §§ 103F-106, 103F-402) (Imp: HRS § 103F-402)