seek clarifications regarding a technical proposal.
(3) After the technical proposal and price proposal due
dates, an agency may have discussions with responsible
offerors for the purpose of clarification. Responsible
offerors shall be accorded fair and equal treatment with
respect to any opportunity for discussion. In conducting
discussions, the Department of Transportation may not
disclose information derived from proposals submitted by
competing offerors.
(p) Selection for negotiation.--The responsible offeror
whose proposal is determined in writing to be the most
advantageous to the agency shall be selected for contract
negotiations necessary to finalize a contract or to clarify any
remaining issue regarding scope, schedule or any other
information provided by the selected best value offeror without
impacting material price and evaluation factors.
(q) Incorporation of an unsuccessful offeror's ATC.--The
agency may incorporate an unsuccessful offeror's ATC into the
agreement as a result of the procurement and, if the agency
chooses to do so, a change order must be executed.
(r) Proposal validity period.--The request for proposal
shall state the validity period for the proposal, unless
extended by the parties' mutual consent.
§ 9804. Applicability of other laws.
(a) General rule.--Except as provided under subsection (b),
laws related to the development, construction, operation or
financing of a project in effect on the date the agreement is
fully executed shall apply to the agreement between the agency
and contractor. The provisions shall include:
(1) The act of May 1, 1913 (P.L.155, No.104), referred
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