Ariz. Admin. Code § R18-15-817 - Offer Revisions and Best and Final Offers

A. The Authority may request one or more written revisions to an Offer. The Authority shall include in the written request:

1. The date, time, and place for submission of Offer revisions; and

2. A statement that if Offerors do not submit a written notice of withdrawal or a written Offer revision, their immediate previous written Offer revision will be accepted as their final Offer.

B. The Authority shall request best and final Offers from any Offeror with whom Negotiations have been conducted, unless the Offeror has been determined to be nonresponsible under R18-15-814, or not within the Competitive Range or not susceptible for Award under R18-15-816 . The Authority shall include in the written request:

1. The date, time, and place for submission of the best and final Offer; and

2. A statement that if Offerors do not submit a written best and final Offer, their immediate previous written Offer will be accepted as their best and final Offer.

C. If an apparent mistake, relevant to the Award determination, is discovered after opening of best and final Offers, the Authority shall contact the Offeror for written confirmation. The Authority shall designate a timeframe within which the Offeror shall either:

1. Confirm that no mistake was made and assert that the Offer stands as submitted; or

2. Acknowledge that a mistake was made, and include the following in a written response:

a. Explanation of the mistake and any other relevant information;

b. A request for correction including the corrected Offer or a request for withdrawal; and

c. The reasons why correction or withdrawal are consistent with fair competition and in the best interest of the Authority.

D. An Offeror who discovers a mistake in their best and final Offer may request withdrawal or correction in writing, and shall include the following in the written request:

1. Explanation of the mistake and any other relevant information;

2. A request for correction including the corrected Offer or a request for withdrawal; and

3. The reasons why correction or withdrawal are consistent with fair competition and in the best interest of the Authority.

E. In response to a request made under subsections (C) or (D), the Authority shall make a written determination of whether correction or withdrawal will be allowed based on whether the action is consistent with fair competition and in the best interest of the Authority. If an Offeror does not provide written confirmation of the best and final Offer, the Authority shall make a written determination that the most recent written Offer submitted is the best and final Offer.

Notes

Ariz. Admin. Code § R18-15-817

New Section made by final expedited rulemaking at 30 A.A.R. 806, effective 4/3/2024.