Section R2-7-C311. Determination of Not Susceptible for Award

A.      An agency chief procurement officer may determine at any time during the evaluation period and before award that an offer is not susceptible for award. The agency chief procure- ment officer shall place a written determination, based on one or more of the following, in the procurement file:

1.        The offer fails to substantially meet one or more of the mandatory requirements of the solicitation;

2.        The offer fails to comply with any susceptibility criteria identified in the solicitation; or

3.        The offer is not susceptible for award in comparison to other offers based on the criteria set forth in the solicita- tion. When there is doubt as to whether an offer is suscep- tible for award, the offer should be included for further consideration.

B.       The agency chief procurement officer shall promptly notify the offeror in writing of the final determination that the offer is not susceptible for award, unless the agency chief procurement officer determines notification to the offeror would compro- mise the state’s ability to negotiate with other offerors.

Historical Note

New Section made by final rulemaking at 12 A.A.R. 508, effective April 8, 2006 (Supp. 06-1). Amended by final

rulemaking at 18 A.A.R. 3118, effective January 7, 2013 (Supp. 12-4). Amended by final rulemaking at 20 A.A.R.

3510, effective February 2, 2015 (Supp. 14-4).