Section R19-3-524. Final Proposal Revisions

A.      The procurement officer shall request written final proposal revisions from any offeror with whom negotiations have been conducted, unless the offeror has been determined not within the competitive range or not susceptible for award under R19- 3-520 or non-responsible under R19-3-526. The procurement officer shall include in the written request:

1.        The date, time, and place for submission of final proposal revisions; and

2.        A statement that if offerors do not submit a written notice of withdrawal or a written final proposal revision, their immediate previous written proposal revision will be accepted as their final proposal revision.

B.       The procurement officer shall request written final proposal revisions only once, unless the procurement officer makes a written determination that it is advantageous to the Lottery to conduct further negotiations or change the Lottery’s require- ments.

C.      If an apparent mistake, relevant to the award determination, is discovered after opening of final proposal revisions, the pro- curement officer shall contact the offeror for written confirma- tion. The procurement officer shall designate a time-frame within which the offeror shall either:

1.        Confirm that no mistake was made and assert that the offer stands as submitted; or

2.        Acknowledge that a mistake was made, and include the following in a written response:

a.         Explanation of the mistake and any other relevant information,

b.        A request for correction including the corrected offer or a request for withdrawal, and

c.         The reasons why correction or withdrawal is consis- tent with fair competition and in the best interest of the Lottery.

D.      An offeror who discovers a mistake in their final proposal revision may request withdrawal or correction in writing, and shall include the following in the written request:

1.        Explanation of the mistake and any other relevant infor- mation,

2.        A request for correction including the corrected offer or a request for withdrawal, and

3.        The reasons why correction or withdrawal is consistent with fair competition and in the best interest of the Lot- tery.

E.       In response to a request made under subsections (C) or (D), the procurement officer shall make a written determination of whether correction or withdrawal will be allowed based on whether the action is consistent with fair competition and in the best interest of the Lottery. If an offeror does not provide written confirmation of the final proposal revision, the pro- curement officer shall make a written determination that the most recent written proposal revision submitted is the final proposal revision.

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 R4-37-524 renum- bered to R4-37-521, new Section R4-37-524 renumbered from R4-37-527 and amended effective May 7, 1990 (Supp. 90-2). R19-3-524 recodified from R4-37-524 (Supp. 95-1). Former Section R19-3-524 renumbered to R19-3-526 and amended; new Section R19-3-524 renum- bered from R19-3-522 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).