Section 220-RICR-30-00-6.3 - ProceduresA. Request for Proposal 1. In accordance with R.I. Gen. Laws § 37-2-19(b), adequate public notice of the request for proposals shall be given in the same manner as provided for Competitive Sealed Bidding.2. Requests shall describe and enumerate the item(s) covered, their specification(s), contract terms(s), and any other special provisions or requirements.a. In accordance with R.I. Gen. Laws § 37-2-19(c), the request for proposals shall indicate the relative importance of price and other evaluation factors.3. At a public opening of responses to RFPs, the Division of Purchases shall not be required to reveal other than the names of those responding. In the best interests of the State and in accordance with the State's Access to Public Records Act, R.I. Gen. Laws § 38-2-1et seq., the Purchasing Agent may disclose the proposals and/or formal rationale for tentative selection at or after the time of tentative selection of a vendor(s).B. Review and Discussion 1. In accordance with R.I. Gen. Laws § 37-2-19(d), in the event an award is not made based on the submitted proposals, written or oral discussion shall be conducted with all responsible offerors who submit proposals determined in writing to be reasonably susceptible of being selected for award. Discussions shall not disclose any information derived from proposals submitted by competing offerors. Discussions need not be conducted: a. With respect to prices, where such prices are fixed by law or Regulation, except that consideration shall be given to competitive terms and conditions; orb. Where time of delivery or performance will not permit discussions; orc. Where it can be clearly demonstrated and documented from the existence of adequate competition or accurate prior cost experience with the particular supply, service, or construction item, that acceptance of an initial offer without discussion would result in fair and reasonable prices, and the request for proposals notifies all offerors of the possibility that award may be made on the basis of the initial offers.2. Responsibility of bidders shall be determined in accordance with § 5.12 of this Subchapter.3. Responses to the Request for Proposal shall be evaluated:a. To determine non-responsive offers, which shall be eliminated from further consideration,b. To determine the lowest-cost combination of options, terms, and conditions, establishing a base-line, andc. To establish a cost ranking of responses to that base-line.4. Under R.I. Gen. Laws § 37-2-20(b), where there is more than one (1) bidder, competitive negotiations shall be conducted with the three (3) (two (2) if there are only two (2)) bidders determined in writing to be the lowest responsive and responsible bidders to the competitive sealed bid invitation. Such competitive negotiations shall be conducted under the following restrictions:a. If discussions pertaining to the revision of the specifications or quantities are held with any potential offeror, all other potential offerors shall be afforded an opportunity to take part in such discussions.b. A request for proposals, based upon revised specifications or quantities, shall be issued as promptly as possible, shall provide an expeditious response to the revised requirements, and shall be awarded upon the basis of the lowest bid price or lowest evaluated bid price submitted by any responsive and responsible offeror.c. The provisions of R.I. Gen. Laws § 37-2-20(b) may be waived in any case where the lowest-cost response is ten percent (10%) or more lower than the next lowest cost offered.C. Under R.I. Gen. Laws § 37-2-54(b), the Chief Purchasing Officer is not prohibited from negotiating with vendors who maintain a General Service Administration price agreement with the United States of America or any agency thereof, provided, however, that no contract executed under this provision shall authorize a price higher than is contained in the contract between General Service Administration and the vendor affected.D. Request for Best and Final Offer1. On the basis of submitted proposals and/or discussions with offerors, a request for Best and Final Offer, which describes the requirements of the procurement in the final form, may be issued to all offerors still under consideration.2. Each offeror shall submit a Best and Final Offer, which defines their best price, and other terms, for the procurement.3. Best and Final Offers shall be evaluated in the same fashion as detailed herein. a. [R.I. Gen. Laws § 37-2-19(e)] Award shall be made to the responsible offeror whose proposal is determined in writing to be the most advantageous to the State taking into consideration price and the evaluation factors set forth in the request for proposals.220 R.I. Code R. 220-RICR-30-00-6.3
Amended effective 11/28/2019
Amended effective 6/6/2022