Missouri Code of State Regulations › Title 7 - MISSOURI DEPARTMENT OF TRANSPORTATION › Division 10 - Missouri Highways and Transportation Commission › Chapter 24 - Design-Build Project Contracts › Section 7 CSR 10-24.300 - Information Exchange, General

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule describes the types of information
				  exchange that may take place either prior to or after the release of the
				  Request for Proposal.
(1)
				Verbal or written information exchanges, prior to the release of the Request
				for Proposal (RFP) document, must be consistent with state and/or local
				procurement integrity requirements, as well as those provided in Title 23, Code
				of Federal Regulations (CFR) 636.115 and
				7 CSR 10-24.070.
				Title
				23
				CFR section 636.115 is incorporated by
				reference into and made a part of this rule as published by the United States
				Superintendent of Documents, 732 N Capitol Street N W, Washington, D.C.
				20402-0001, website:
http://bookstore.gpo.gov
on January 1,
				2012. This rule does not incorporate any subsequent amendments or additions to
				the Code of Federal Regulations in
				23
				CFR 636.115.
(2) Information exchange may be used at
				different points after the release of the RFP document. The following table
				summarizes the types of communications that will be discussed in
				7 CSR 10-24.310
				through
				7 CSR 10-24.330.
				These communication methods are optional.
Type of Information Exchange
When
Purpose
Parties Involved
(1) Clarifications
After receipt of proposal.
Used when award without discussions is contemplated.
							 Used to clarify certain aspects of a proposal (resolve minor errors, obtain
							 additional past performance information, etc.).
Any offeror whose proposal is not clear to the
							 commission.
(2) Communications
After receipt of proposals, prior to the
							 establishment of the competitive range.
Used to address issues which might prevent a proposal
							 from being placed in the competitive range.
Only those proposers whose exclusion from, or
							 inclusion in, the competitive range is uncertain. All proposers whose past
							 performance information is the determining factor preventing them from being
							 placed in the competitive range.
(3) Discussions
After receipt of proposals and after determination of
							 the competitive range.
Enhance commission understanding of proposals and
							 proposers understanding of scope of work. Facilitate the evaluation
							 process.
Will be held with all proposers in the competitive
							 range.
(3)
				Commission will not engage in information exchanges that:
(A) Favor one proposer over
				another;
(B) Reveal a proposer's
				technical solution, including unique technology, innovative and unique uses of
				commercial items, or any information that would compromise a proposer's
				intellectual property to another proposer;
(C) Reveal a proposer's price without that
				proposer's permission;
(D) Reveal
				the names of individuals providing reference information about a proposer's
				past performance; or
(E) Knowingly
				furnish source selection information that could be in violation of Missouri
				procurement integrity standards applicable to the commission.