Section R2-7-C315. Offer Revisions and Best and Final Offers

A.      An agency chief procurement officer may request written revi- sions to an offer. The agency chief procurement officer shall include in the written request:

1.        The date, time, and place for submission of offer revi- sions; and

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

B.       An agency chief procurement officer shall request best and final offers from any offeror with whom negotiations have been conducted. The agency chief procurement officer shall include in the written request:

1.        The date, time, and place for submission of best and final offer; and

2.        A statement that if offerors do not submit a written best and final offer, their immediate previous written offer will be accepted as their best and final offer.

C.      The agency chief procurement officer shall request written best and final offers only once, unless the state procurement administrator makes a written determination that it is advanta- geous to the state to conduct further negotiations or change the state’s requirements.

D.      If an apparent mistake, relevant to the award determination, is discovered after opening of best and final offers, the agency chief procurement officer shall contact the offeror for written confirmation. The agency chief procurement officer shall des- ignate 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 state.

E.       An offeror who discovers a mistake in their best and final offer 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 state.

F.       In response to a request made under subsections (C) or (D), the agency chief procurement officer shall make a written deter- mination 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 state. If an offeror does not pro- vide written confirmation of the best and final offer, the agency chief procurement officer shall make a written deter- mination that the most recent written best and final offer sub- mitted is the final best and final offer.

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).