6.15.320 Competitive sealed proposals.
(a) Use of Competitive Sealed Proposals. Competitive sealed proposals may be used when the Chief Procurement Officer determines that the use of competitive sealed bidding is either not practicable or not advantageous to WSSC.
(b) Content of the Request for Proposals. The request for proposals shall be prepared in accordance with the procedures used for invitation for bids; provided, that it shall also include a statement that WSSC may or may not conduct discussions with some offerors and a statement of the selection process WSSC intends to follow.
(c) Proposal Preparation Time. Proposal preparation time shall be set at the Chief Procurement Officer’s discretion to provide offerors a reasonable time to prepare their proposals.
(d) Form of Proposal. The manner in which proposals are to be submitted, including any forms for that purpose, may be designated as a part of the request for proposals.
(e) Public Notice. Request for proposals or notifications of the availability of request for proposals shall be furnished to a sufficient number of potential offerors for the purpose of securing competition. Every procurement in excess of a standard minimum amount as specified by the Chief Procurement Officer shall be well publicized in a suitable manner as determined by the Chief Procurement Officer. A copy of the request for proposals shall be made available for public inspection at the Office of the Chief Procurement Officer and/or at the WSSC website and/or at other publicly available electronic dissemination facility.
(f) Offerors Lists. Offerors lists may be compiled by WSSC with the names of businesses that may be interested in competing for various types of WSSC contracts. Inclusion or exclusion of the name of a business on the offerors list does not indicate whether the business is responsible or qualified for any contract. Names and addresses on offerors lists may be available for public inspection but will not be used by WSSC for private, promotional, commercial, or marketing purposes.
(g) Pre-Proposal Conferences. WSSC may, with due notice, conduct pre-proposal conferences to explain WSSC procurement requirements. Nothing stated at the pre-proposal conference shall change the request for proposal unless a change is made by written amendment.
(h) Amendments to Requests for Proposals.
(1) Form. Amendments to request for proposals shall be identified as such and may require that the offeror acknowledge receipt.
(2) Distribution. Amendments may be sent to prospective offerors or publicized as appropriate. WSSC may issue amendments to requests for proposals prior to or after submission of proposals. Amendments shall be sent to offerors that have responded to the request for proposals and shall require acknowledgment or proof of receipt.
(i) Modification or Withdrawal of Proposals. Proposals may be modified or withdrawn prior to the established due date. The established due date is either the time and date stated in the request for proposal for receipt of the proposals or receipt of modifications to proposals, if any; or if discussions have begun, it is the time and date by which best and final offers, as explained in subsection (m)(5) of this section, must be submitted. Only offerors who submitted proposals by the time announced for receipt of proposals may submit best and final offers.
(j) Late Proposals, Late Withdrawals, and Late Modifications. Any proposal, withdrawal, or modification received after the established due date at the place designated for receipt of proposals is untimely.
Untimely proposals, modifications, and withdrawals will not be considered.
(k) Receipt of Proposals. Proposals shall be opened by an appropriate process. Proposals and modifications shall be time-stamped upon receipt.
(l) Evaluation of Proposals.
(1) Evaluation Factors in the Request for Proposals. The request for proposals shall state all of the evaluation factors, including price, and their relative importance.
(2) Evaluation. The evaluation of the request for proposals shall be based on the evaluation factors set forth in the request for proposals.
(m) Discussions with Offerors after Receipt of Proposals.
(1) Award without Discussions. Award may be made without discussions if the solicitation states that WSSC intends to evaluate proposals and make an award without discussions.
(2) Discussions.
(i) Purpose. Discussions may be conducted to:
1. Enhance WSSC’s understanding of submitted proposals;
2. Allow reasonable interpretation of the submitted proposals; and
3. Facilitate WSSC’s evaluation process.
(ii) Scope. Discussions may include bargaining with respect to price, schedule, technical requirements, type of contract, or other terms of a proposed contract.
(3) Primary Objectives. The primary objectives of discussions are to obtain the best price for WSSC and to ensure full understanding of WSSC’s requirements, as set forth in the request for proposals and in the submitted proposals.
(4) Fair and Equitable Treatment. During discussions, WSSC shall treat all responsible and responsive offerors fairly.
(5) Best and Final Offer. WSSC may allow each responsible and responsive offeror to revise their initial proposal and submit a best and final offer.
(6) Limits on Discussions. WSSC personnel involved in the procurement shall not engage in conduct that: favors one offeror over another; reveals an offeror’s technical solution, including unique technology, innovative and unique uses of commercial items, or any information that would compromise an offeror’s intellectual property to benefit another offeror; reveals an offeror’s price without that offeror’s permission; or reveals the names of individuals providing reference information about an offeror’s past performance.
(n) Mistakes in Proposals.
(1) Confirmation of Proposal. When the Procurement Officer knows or has reason to conclude before award that a mistake has been made, such Officer may request the offeror to confirm the proposal. If the offeror alleges mistake, the proposal may be corrected or withdrawn during any discussions that are held or if the conditions set forth below are met.
(2) Mistakes Discovered After Receipt of Proposals but Before Award. This subsection sets forth procedures to be applied in four situations in which mistakes in proposals are discovered after receipt of proposals but before award.
(i) During Discussions – Prior to Best and Final Offers. Once discussions are commenced with any offeror or after best and final offers are requested, any offeror may freely correct any mistake by modifying or withdrawing the proposal until the time and date set for receipt of best and final offers.
(ii) After Best and Final Offers. If discussions are not held or if the best and final offers upon which award will be made have been received, mistakes may be corrected and the intended correct offer considered only if:
1. The mistake and the intended correct offer are clearly evident on the face of the proposal, in which event the proposal may not be withdrawn; or
2. The mistake is not clearly evident on the face of the proposal, but the offeror submits objective evidence which clearly and convincingly demonstrates both the existence of a mistake and the intended correct offer, and such correction would not be contrary to the fair and equal treatment of other offerors.
(iii) Withdrawal of Proposals. If discussions are not held, or if the best and final offers upon which award will be made have been received, the offeror may be permitted to withdraw the proposal if:
1. The mistake is clearly evident on the face of the proposal and the intended correct offer is not;
2. The offeror submits objective evidence which clearly and convincingly demonstrates that a mistake was made but does not demonstrate the intended correct offer; or
3. The offeror submits objective evidence which clearly and convincingly demonstrates the intended correct offer, but to allow correction would be contrary to the fair and equal treatment of the other offerors.
(iv) Mistakes Discovered After Award. Mistakes shall not be corrected after award of the contract except where the Chief Procurement Officer finds it would be unconscionable not to allow the mistake to be corrected.
(o) Awards. Award shall be made to the most responsible and responsive offeror whose proposal is determined in writing to be the most advantageous to WSSC, taking into consideration the evaluation factors set forth in the request for proposals. (Procurement regulations § 4-203, dated August 1, 2012)