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 AGENCY 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.
(S) EVALUATION COMMITTEE.--NOTWITHSTANDING ANY OTHER
PROVISIONS OF THIS CHAPTER, AN EVALUATION COMMITTEE UNDER THIS
CHAPTER SHALL CONSIST OF AT LEAST FIVE INDIVIDUALS AS DETERMINED
BY THE AGENCY. AN INDIVIDUAL WHO HAS BEEN EMPLOYED BY AN OFFEROR
WITHIN THE PRECEDING TWO YEARS MAY NOT PARTICIPATE IN THE
EVALUATION OF ANY PROPOSALS SUBMITTED BY THAT OFFEROR.
ยง 9804. Applicability of other laws.
20230HB1833PN2301 - 11 -
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