PURPOSE: This rule prescribes department procedures for soliciting offerors in response to requests for a proposal.

1. (1) The department shall specify in each request for a proposal (RFP) the proposal closing time, date and place to provide offerors a reasonable time to prepare their proposals.

2. (2) The department shall post notices of the availability of the RFPs in the purchase of service bureau in the department’s central office. The department shall mail or otherwise distribute the RFPs or notices of the availability of the RFPs to all interested providers and recognized competitive bidders in a geographic area to secure comparative evaluation or comparative negotiation between more than one (1) offeror if possible (that is, in some areas only one (1) offeror can be found). Notices of availability shall indicate where, when and for how long the RFPs may be obtained and shall generally describe the services to be purchased.

   1. (A) If a purchase involves the estimated expenditure of more than twenty-five thousand dollars ($25,000), the department shall advertise the notice of availability of the RFP in two (2) newspapers of general circulation. It may also advertise in a newspaper of local circulation in the geographic area where the services are to be provided or in places as are most likely to reach prospective sources.
   2. (B) If a purchase involves the estimated expenditure of twenty-five thousand dollars ($25,000) or less, the department may distribute the RFPs without advertising.
   3. (C) The department shall make a copy of each RFP available for public inspection at the office of its purchase of service bureau.
3. (3) The department may conduct a preproposal conference as it deems necessary to clarify any terms and conditions of an RFP, explain any criteria in the RFP or otherwise to respond to questions from prospective offerors who have received the RFPs. The department shall schedule the conference between the RFP issuance date and the proposal closing date, but as close to the original date of mailing as possible, to allow offerors time to consider any information presented in the preparation of their proposal. If the department decides to change the RFP as a result of a preproposal conference, the change shall not become official until the RFP is amended and communicated in writing. The department shall notify prospective offerors known to have received an RFP of any such amendments.
4. (4) The department shall plainly mark any RFP amendment as such and shall reference the portions of the RFP it amends. The department may issue amendments for any minor modification(s) of the RFP; however, the department shall rescind the RFP and reissue it for any major modification(s) as determined by the department. The offeror shall acknowledge receipt of any amendments issued in its proposal. The department shall 9 CSR 25-2

distribute amendments within a reasonable time so that the prospective offeror might consider them in preparing its proposal. If the department determines that the proposal closing time and date would not permit adequate preparation, the department shall extend the proposal closing time and date in the amendment and, if necessary, by telephone or other means of communication with confirmation in the amendment notice.

1. (5) Offerors may modify or withdraw proposals in writing in a notice to the department at the location designated in the RFP before the proposal closing time and date. The department shall keep any modification or withdrawal documentation in the RFP file.

2. (6) Any proposal received after the proposal closing time and date is nonresponsive and shall not be considered. No proposal may be withdrawn or modified after the proposal closing time and date. No late proposal, late modification(s) or late withdrawal will be considered unless received before contract award and the proposal, modification(s) or withdrawal would have been timely except for the action or inaction of the department.

   1. (A) The department shall notify offerors submitting late proposals that they were not considered for award and shall return their proposals unopened.
   2. (B) The department shall keep records of each late proposal, modification(s) or withdrawal in the RFP file.
3. (7) The department shall electrically timestamp each proposal, modification(s) or withdrawal indicating the time and date received. The department shall store each proposal unopened in a secure place until the proposal closing time and date.
4. (8) The department shall open proposals and modifications publicly, in the presence of one
5. (1) or more witnesses besides the responsible department staff at the proposal closing time, date and place designated in the RFP. The department shall read aloud the name of each offeror, the unit price for each service and other information as is deemed appropriate. The department shall record a proposal abstract at the time of proposal closing and the names and addresses of witnesses in attendance at the opening.
6. (9) The department shall keep any proposals timely received available for public inspection except to the extent the offeror designates any proprietary data to be confidential information as described in section 610.025, RSMo. The offeror shall specifically identify and make the confidential information readily separable in the proposal. The department shall maintain confidential information separately to facilitate public inspection of the nonconfidential portion. The unit price of any service offered and the terms of payment shall be publicly available at the time of proposal opening regardless of any designation to the contrary that this information is confidential.
7. (10) The department may allow a correction or withdrawal of a proposal because of a mistake in an RFP if the integrity of the comparative negotiation or comparative evaluation process is protected and the correction or withdrawal would not give an offeror an unfair advantage as determined by the department. An offeror may correct mistakes discovered before the proposal closing time and date by withdrawing or modifying the proposal.

8. (11) If mistakes in proposals are discovered after the proposal closing time and date but before award, the following procedures shall apply:

   1. (A) As to minor informalities which are matters of form rather than substance or insignificant mistakes correctable without unfair advantage to the offeror, the department shall waive or allow the offeror to correct the mistake if considered by the department to be in its best interest. A minor informality can only result if the effect of correcting it is negligible on offeror responsiveness. Examples of minor informalities include failures of offerors:

      1. 1. To return the number of signed pro-

posals required by the RFP;

1. 2. To sign the proposals but only if the

unsigned proposals are accompanied by materials otherwise indicating the offerors’ intent to be bound; and

1. 3. To acknowledge receipt of amend-

ments to the RFPs, but only if either clear from the proposal that the offeror received the amendment and intended to be bound by its terms or the amendment had only a negligible effect on price, quantity, quality or delivery;

1. (B) As to any mistake obvious on the face of the proposal, the department shall correct the mistake if the intention is clearly evident on the face of the proposal document as determined by the department. These types of mistakes include typographical errors, errors in extending unit prices, transposition errors and calculation errors; and

2. (C) As to mistakes for which the intended correct proposal is not evident, the department may permit the offeror to withdraw a proposal if the department determines either of the following:

   1. 1. The mistake is clearly evident to the

department on the face of the proposal document but the intended proposal is not similarly evident; and

1. 2. The offeror submits evidence which

clearly and convincingly determines that a mistake has been made.

1. (12) The department shall not allow mistakes to be corrected after award unless the department determines in writing that it would be unconscionable not to allow the mistake to be corrected.
2. (13) The department shall issue a determination in writing granting or denying requests to correct or withdraw proposals because of a mistake.

AUTHORITY: sections 34.100, 630.050 and 630.405, RSMo 2000.* Original rule filed Oct. 16, 1986, effective July 13, 1987. Emergency amendment filed July 7, 1992, effective July 17, 1992, expired Nov. 13, 1992. Amended: Filed July 7, 1992, effective Feb. 26, 1993. Amended: Filed Oct. 31, 2000, effective May 30, 2001. *Original authority: 34.100, RSMo 1945, amended 1983, 1995; 630.050, RSMo 1980, 1993, 1995; and 630.405, RSMo 1980, 1993, 1995.