Section R2-7-C314. Negotiations with Responsible Offerors and Revi- sions of Offers

A.      An agency chief procurement officer shall establish proce- dures and schedules for conducting negotiations. The agency chief 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 agency chief procurement offi- cer shall confirm the negotiations in writing and provide to the offeror.

C.      If negotiations are conducted, negotiations shall be conducted with all offerors determined to be reasonably susceptible for award. Offerors may revise offers based on negotiations pro- vided that any revision is confirmed in writing.

D.      An agency chief procurement officer may conduct negotia- tions with responsible offerors to improve offers in such areas as cost, price, specifications, performance, or terms, to achieve best value for the state based on the requirements and the eval- uation factors set forth in the solicitation.

E.       Responsible offerors determined to be susceptible for award, with which negotiations have been held, may revise their offer in writing during negotiations.

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

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).