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. (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 23 CFR 636.115 and 7 CSR 10-24.070.
2. (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
3. (1) Clarifications
4. (2) Communications
5. (3) Discussions When After receipt of proposal

After receipt of proposals, prior to the establishment of the competitive range

After receipt of proposals and after determination of the competitive range Purpose Used when award without discussions is contemplated. Used to clarify certain aspects of a proposal (resolve minor errors, obtain additional past performance information, etc.).

Used to address issues which might prevent a proposal from being placed in the competitive range.

Enhance commission understanding of proposals and proposer s understanding of scope of work. Facilitate the evaluation process. 7 CSR 10-24

Parties Involved Any offeror whose proposal is not clear to the commission.

Only those proposer s whose exclusion from, or inclusion in, the competitive range is uncertain. All proposer s whose past performance information is the determining factor preventing them from being placed in the competitive range.

Must be held with al l proposer s in the competitive range. (3) Commission will not engage in information exchanges that:

1. (A) Favor one proposer over another;
2. (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;
3. (C) Reveal a proposer’s price without that proposer’s permission;
4. (D) Reveal the names of individuals providing reference information about a proposer’s past performance; or
5. (E) Knowingly furnish source selection information that could be in violation of Missouri procurement integrity standards applicable to the commission.

AUTHORITY: sections 226.020, RSMo 2000 and 226.030 and 227.107, RSMo Supp. 2004.* Original rule filed Aug. 15, 2005, effective Feb. 28, 2006.

*Original authority: 226.020, RSMo 1939; 226.030, RSMo 1939, amended 1965, 2003, 2004; and 227.107, RSMo 2002.