3324.1 If a contract is for one hundred thousand dollars ($100,000) or less, and if, after completion of discussions with all offerors in the competitive range, the contracting officer determines that the award of the contract to one (1) of the offerors is clearly in the best interests of the University, based on the discussions held and the proposals, the contracting officer may award the contract without requesting best and final offers.

3324.2 Except as provided in §3324.1, after completion of all discussions, the contracting officer shall issue to all offerors within the competitive range a request for best and final offers.

3324.3 The request for best and final offers shall include the following:

(a) Notice that discussions are concluded;

(b) Notice that this is the opportunity to submit a best and final offer;

(c) A cut-off date and time that allows a reasonable opportunity for submission of written best and final offers; and

(d) Notice that if any modification of the best and final offer is submitted, it must be received by the date and time specified under §3324.3(c) and is subject to the provisions of this chapter covering late proposals.

3324.4 After receipt of best and final offers, the contracting officer shall not reopen discussions unless it is clearly in the best interests of the University to do so.

3324.5 Reasons for reopening discussions may include, but are not limited to, the fact that it is clear that information available at the time is inadequate to reasonably justify contractor selection and award based on the best and final offers received.

3324.6 If discussions are reopened, the contracting officer shall issue an additional request for best and final offers to all offerors within the competitive range.

3324.7 After evaluation of the best and final offers, the contracting officer shall select the offeror whose best and final offer is most advantageous to the University, considering price and other factors that were included in the solicitation.

3324.8 The contracting officer shall prepare supporting documentation for the selection decision that shows the relative differences among the proposals and their strengths, weaknesses, and risks in terms of the evaluation factors. The supporting documentation shall include the basis for the selection of the contractor.

SOURCE: Final Rulemaking published at 39 DCR 2566 (April 10, 1992).