Section R19-3-523. Proposal Negotiations with Responsible Offerors and Revisions of Offers

A.      The procurement officer shall establish procedures and sched- ules for conducting negotiations. The procurement   officer shall ensure there is no disclosure of one offeror’s price or any information derived from competing offers to another offeror.

B.       Negotiations may be conducted orally or in writing. If oral negotiations are conducted, the procurement officer shall con- firm the negotiations in writing and provide the document to the offeror.

C.      If negotiations are conducted, negotiations shall be conducted with all offerors determined to be in the competitive range or reasonably susceptible for award. Offerors may revise offers based on negotiations provided that any revision is confirmed in writing.

D.      The procurement officer may conduct negotiations with responsible offerors to improve offers in such areas as cost, price, specifications, performance, or terms, to achieve best value for the Lottery based on the requirements and the evalu- ation factors set forth in the solicitation.

E.       Responsible offerors determined to be susceptible for award and within the competitive range, with which negotiations have been held, may revise their offer in writing during negoti- ations.

F.       An offeror may withdraw an offer at any time before the final proposal revision due date and time by submitting a written request to the procurement officer.

Historical Note

Adopted as an emergency effective June 5, 1985, pursu- ant to A.R.S. § 41-1003, valid for only 90 days (Supp. 85- 3). Adopted as a permanent rule effective August 29, 1985 (Supp. 85-4). Former Section R4-37-523 renum- bered to R4-37-520, new Section R4-37-523 renumbered

from R4-37-526 and amended effective May 7, 1990 (Supp. 90-2). R19-3-523 recodified from R4-37-523 (Supp. 95-1). Former Section R19-3-523 renumbered to R19-3-525 and amended; new Section R19-3-523 renum- bered from R19-3-521 and amended effective December 16, 1997 (Supp. 97-4). Section repealed; new Section made by final rulemaking at 12 A.A.R. 4495, effective January 6, 2007 (Supp. 06-4). Amended by final

rulemaking at 19 A.A.R. 1641, effective August 4, 2013

(Supp. 13-2).