Sec. 250.9. Soliciting and accepting offers

For purchases from sources other than preferred sources and for purchases in excess of the discretionary buying threshold established in section 250.6 of this Part:

(a) A State agency shall select a formal competitive procurement process in accordance with guidelines established by the State Procurement Council and document its determination in the procurement record. The process shall include, but is not limited to, a clear statement of need, a description of the required specifications governing performance and related factors, a reasonable process for ensuring a competitive field, a fair and equal opportunity for offerors to submit responsive offers; and a balanced and fair method of award. Where the basis for the award is best value, documentation in the procurement record shall, where practicable, include a quantification of the application of the criteria to the rating of proposals and the evaluation results, or, where not practicable, such other justification which demonstrates that best value will be achieved.

(b) The solicitation shall prescribe the minimum specifications or requirements that must be met in order to be considered responsive and shall describe and disclose the general manner in which the evaluation and selection shall be conducted. Where appropriate, the solicitation shall identify the relative importance or weight of cost and the overall technical criteria to be considered by a State agency in its determination of best value.

(c) Where provided in the solicitation, State agencies may require clarification from offerors for purposes of assuring a full understanding of responsiveness to the solicitation requirements. Where provided for in the solicitation, revisions may be permitted from all offerors determined to be susceptible of being selected for contract award, prior to award. Offerors shall be accorded fair and equal treatment with respect to their opportunity for discussion and revision of offers. Disclosure of the content of competing offers other than statistical tabulations of bids received in response to an invitation for bids, or of any clarifications of or any revisions thereto shall be prohibited prior to award.

(d) All offers may be rejected. Where provided in the solicitation, separable portions of offers may be rejected.

(e) Every offer shall be firm and not revocable for a period of 60 days from the bid opening, or such other period of time specified in the solicitation to the extent not inconsistent with section 2-205 of the Uniform Commercial Code. Subsequent to such 60-day or other specified period, any offer is subject to withdrawal communicated in a writing signed by the offeror.

(f) Prior to making an award of contract, each State agency shall make a determination of responsibility of the proposed vendor.

(g) A procurement record shall be maintained for each procurement identifying, with supporting documentation, decisions made by the State agency during the procurement process. The procurement record shall include, but not be limited to each contract amendment and the justification to each.

(h) For purchases involving apparel and textiles see section 250.15(g) of this Part.