Wis. Admin. Code Department of Administration § Adm 10.08 - Competitive negotiation

Current through March 28, 2022

(1) REQUEST FOR PROPOSALS (RFP). The preparation of an RFP is mandatory. The RFP shall be written in clear, concise and measurable terms. The RFP shall:

(a) State the name and address of the contracting agency or the procuring agency, or both, and the names, addresses, titles and telephone numbers of persons to whom questions concerning the proposals should be directed;

(b) State how sealed proposals are to be delivered, the date and time by which they must be received and the name and address of the person who is to receive them;

(c) Contain the date and time of the pre-proposal conference, if any, and the period of the contract or contracts;

(d) Clearly describe the scope of the services requested and shall provide prospective contractors with performance criteria, including quantity of each service required and delivery schedules for those services;

(e) State the factors to be considered in evaluating proposals and the relative importance of each factor. Factors that may be considered when evaluating proposals include;

1. Responsiveness of the proposals. The proposal should clearly state the proposer's understanding of the work to be performed.

2. Technical experience and resources of the firm or individual submitting the proposal.

3. Experience and professional activities of the firm or individual submitting the proposal.

4. Size and structure of the firm or individual practice of the proposer.

5. Cost;

(f) State that the procuring agency reserves the right to reject for cause any and all proposals submitted and to request additional information for purposes of clarification only from proposers; and

(g) State that any award made shall be made to the firm which, based on the evaluation by the procuring agency, is best qualified.

(2) LEGAL NOTICE. When the estimated cost exceeds $10,000, a Class 2 notice under ch. 985, Stats., inviting competitive sealed proposals shall be published. The advertisement shall describe the services to be purchased, the intent to solicit proposals rather than bids, any requirement for surety and date the proposals will be opened.

(3) PROPOSAL EVALUATION. Proposals shall be evaluated using a predetermined method to determine which proposer best meets the needs of the procuring agency. A description of the process of evaluation should be included with the RFP. The RFP should state, whenever possible, whether oral presentations by proposers will be part of the evaluation process.

(4) EVALUATION COMMITTEE. Before an RFP is distributed to prospective contractors, the procuring agency shall establish an evaluation committee. Each committee shall consist of 3 or a larger number of members, depending on the complexity and scope of services being procured. At least one member or a person advising the committee, shall be trained in procuring contractual services. An evaluation committee shall:

(a) Review all proposals submitted in response to an RFP, using as a basis the evaluation criteria included in the RFP;

(b) Conduct all formal, scheduled oral conferences and presentations with proposers that affect the evaluation process;

(c) Keep accurate records of all meetings, conferences, oral presentations, evaluations and decisions;

(d) Not disclose to any proposer any information obtained from any other proposer;

(e) Give all proposers an equal opportunity to make a presentation, if presentations are permitted; and

(f) Issue a final report and recommendation.

(5) DISCUSSIONS WITH PROPOSERS. Fair and equal discussions may be conducted with all proposers for the purpose of clarification, and with proposers whose proposals are reasonably apt to be awarded the contract for the purpose of negotiating the best offer.

(6) NOTICE OF INTENT. When the competitive negotiation process is used to procure services over $10,000, a letter of intent to contract shall be sent by the contracting agency to the selected proposer. Copies of the letter of intent shall be sent to all other proposers in the evaluation process. All letters of intent shall be sent at least 5 days before the intended date of award.

(7) CONTRACT AWARD. Award shall be based on the evaluation committee recommendation unless, after review by the department of the award or of a protest by a bidder or proposer, a change in an award is approved because:

(a) Mathematical errors were made in scoring proposals;

(b) The award was recommended to a proposer who should have been disqualified as not responsive to all mandatory requirements of the RFP;

(c) Evidence of collusion or fraud involving either the proposer or an evaluation committee member is found;

(d) The evaluation committee failed to follow the evaluation criteria as set forth in the RFP; or

(e) Violations of this chapter or the statutes have occurred.

(8) CONFLICT OF INTEREST. No person shall serve on an evaluation committee where the action of that committee might benefit that person, or a member of that person's immediate family as defined in s. 19.42(7), Stats., or any organization or business with which that person is associated as defined in s. 19.42(2), Stats.

Notes

Wis. Admin. Code Department of Administration § Adm 10.08

Cr. Register, January, 1983, No. 325, eff. 2-1-83; am. (3) and (4) (intro.), Register, December, 1985, No. 360, eff. 1-1-86.