Idaho Admin. Code r. 38.05.01.083

Current through September 2, 2024
Section 38.05.01.083 - PROPOSAL DISCUSSION WITH INDIVIDUAL OFFERORS
01.Use of Discussions. Discussions may be used in any type of formal solicitation when the solicitation provides for the possibility of discussions and the buyer determines that clarifications or revisions are required to achieve adequate competition.
02.Classifying Proposals. For the purpose of conducting proposal discussions under this rule, proposals shall be initially classified as:
a. Acceptable;
b. Potentially acceptable if clarified or amended under this rule; or
c. Unacceptable.
03.Conduct of Discussions.
a. The buyer may conduct discussions under this rule with offerors whose proposals are classified as acceptable or potentially acceptable.
b. The buyer may clarify any portion of a proposal with an offeror where the clarification does not materially alter the proposal.
c. The buyer may conduct discussions with offerors to determine potential revisions to proposals or the formal solicitation. Offerors shall be accorded faith and equal treatment with respect to any opportunity for discussions and revisions of proposals. Auction techniques (revealing one offeror's price to another) and disclosure of any information derived from competing proposals are prohibited. Any oral clarification or change of a proposal shall be reduced to writing and signed by the offeror.
d. If the buyer determines material changes to a formal solicitation or a proposal are necessary, the buyer shall establish a common time and date for submission of best and final offers. The buyer may conduct multiple rounds of best and final offers. If an offeror does not submit a notice of withdrawal or a best and final offer, the offeror's immediate previous offer is the offeror's best and final offer.

Idaho Admin. Code r. 38.05.01.083

Effective April 6, 2023