PURPOSE: This rule describes the “communications” type of information exchange.

1. (1) Communications may be considered in rating proposals for the purpose of inclusion in the competitive range. Prior to determining inclusion in the competitive range, the commission may conduct communications to:

   1. (A) Enhance the commission’s understanding of proposals;
   2. (B) Allow reasonable interpretation of the proposal; or
   3. (C) Facilitate the commission’s evaluation process.

2. (2) Prior to establishing the competitive range, the commission will hold communications with proposers:

   1. (A) Whose past performance information is the determining factor preventing them from being placed within the competitive range and address adverse past performance information to which a proposer has not had a prior opportunity to respond; and
   2. (B) Whose exclusion from, or inclusion in, the competitive range is uncertain.

3. (3) Communications will not be used to:

   1. (A) Cure proposal deficiencies or material omissions;
   2. (B) Materially alter the technical or cost elements of the proposal; or
   3. (C) Otherwise revise the proposal.

4. (4) Communications may be used to address the following:

   1. (A) Ambiguities in the proposal or other concerns such as perceived deficiencies, weaknesses, errors, omissions, or mistakes; and
   2. (B) Information relating to relevant past performance.

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.