Section R7-2-1036. Phase 1 of Multistep Sealed Bidding

A.      Multistep sealed bidding shall be initiated by the issuance of an invitation to submit technical offers. The invitation to sub- mit technical offers shall be issued according to R7-2-1022 and R7-2-1024(A).

B.       The invitation to submit technical offers shall include the fol- lowing information:

1.        Notice that the procurement shall be conducted in two phases;

2.        The best description of the material or services desired;

3.        A statement that unpriced technical offers only shall be considered in phase 1;

4.        The requirements for the technical offers, such as draw- ings and descriptive literature;

5.        The criteria for evaluating technical offers;

6.        The due date and time for receipt of technical offers and the location where technical offers shall be delivered or mailed;

7.        A statement that discussions may be held;

8.        A statement that only bids based on technical offers determined to be acceptable in phase 1 shall be consid- ered for award;

9.        The name of the district representative or district repre- sentatives;

10.     Notice that all technical offers submitted will be made available for public inspection following the award of the contract; and

11.     The date, time and location of any pre-technical offer conference.

C.      A school district may conduct a pre-technical offer conference open to all persons. If a pre-technical offer conference is con- ducted, it shall be not less than seven days before the technical offer due date and time, unless the school district makes a written determination that the specific needs of the procure- ment justify a shorter time. Statements made during the pre- technical offer conference shall not be considered modifica- tions to the invitation to submit technical offers.

D.      The invitation to submit technical offers may be amended before or after the submission of the unpriced technical offers. Amendments to an invitation to submit technical offers shall be so identified and the school district shall ensure that the amendments are distributed or made available to all persons to whom the original invitation to submit technical offers was distributed or made available. The school district shall make a copy of the amendments to an invitation to submit technical offers available for public inspection at the school district office. If the school district posted the invitation to submit technical offers or a notice of the availability of an invitation to submit technical offers on a designated site on the Internet, then the school district shall post any amendments to the invi- tation to submit technical offers on the same designated site on the Internet. The school district shall also do one or more of the following:

a.         Distribute the amendment, by any method reason- ably calculated to ensure delivery, to all persons to whom the invitation to submit technical offers was distributed;

b.        Make the amendment available and issue a notice of amendment which contains instructions for obtain- ing copies of the amendment. The notice of amend- ment shall be distributed, by any method reasonably calculated to ensure delivery, to all persons to whom the invitation to submit technical offers was distrib- uted. Upon receipt of such notice of amendment, it is the responsibility of the person to obtain the amend- ment.

2.        Amendments shall be issued within a reasonable time before technical offer opening to allow persons to con- sider them in preparing their technical offers. If the school district determines that the technical offer due date and time does not permit sufficient time for technical offer preparation, the technical offer due date and time shall be extended in the amendment or, if necessary, tele- phone, facsimile, email, or other communications meth- ods, and confirmed in the amendment.

3.        A person shall acknowledge receipt of an amendment in the manner specified in the invitation to submit technical offers or the amendment on or before the technical offer due date and time.

E.       Unpriced technical offers shall not be opened publicly, but shall be opened in the presence of two or more district officials designated by the school district. The contents of unpriced technical offers shall not be disclosed to unauthorized persons. Late technical offers shall not be considered except under the circumstances set forth in R7-2-1028(B).

F.       Unpriced technical offers shall be evaluated solely in accor- dance with the criteria set forth in the invitation to submit tech- nical offers and shall be determined to be either acceptable for further consideration or unacceptable. A determination that an unpriced technical offer is unacceptable shall be in writing, state the basis for the determination and be retained in the pro- curement file. If the school district determines a person's unpriced technical offer is unacceptable, the school district

shall notify that person of the determination and that the per- son shall not be afforded an opportunity to amend the technical offer.

G.      The school district may conduct discussions with any person who submits an acceptable or potentially acceptable technical offer. During discussions, the school district shall not disclose any information derived from one unpriced technical offer to any other person. After discussions, the school district shall establish a due date and time for receipt of final technical offers and shall notify, in writing, persons submitting accept- able or potentially acceptable technical offers of the due date and time. The school district shall keep a detailed record of all discussions.

H.      At any time during phase 1, technical offers may be with- drawn.

I.        A copy of the invitation to submit technical offers shall be made available for public inspection at the school district office.

Historical Note

Adopted effective December 17, 1987 (Supp. 87-4). Amended by final exempt rulemaking at 21 A.A.R. 1525, effective July 1, 2015 (Supp. 15-3).