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

1. (2) The department shall post notices of the availability of the RFPs in the department’s central office contracts unit. The department shall mail or otherwise distribute the RFPs or notices of the availability of the RFPs.

   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 in the geographic area where the services are to be provided or in places as are most likely to reach prospective sources.
   2. (B) The department shall make a copy of each RFP available for public inspection at the department’s central office contracts unit.
2. (3) The department may issue amendments for any modification(s) of the RFP. The department shall plainly mark any RFP amendment as such and shall reference the portions of the RFP it amends.
3. (4) 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.

4. (5) When the procurement requires the utilization of competitive evaluation, the formal RFP solicitation method should be utilized.

   1. (A) Proposals should be received in a sealed container by the time set forth for the opening of the proposals.
   2. (B) Proposals received after the time set forth for the opening of proposals shall be considered late and will not be opened.

   3. (C) Under extraordinary circumstances, the department may authorize the opening of a late proposal. In such cases, the proposal must have been turned over to the physical control of an independent postal or courier service with promised delivery time prior to the time set forth for the opening of the proposals. All such decisions are at the sole discretion of the department. The following guidelines may be utilized to determine the criteria for an extraordinary circumstance:

      1. 1. State offices were closed due to

inclement weather conditions;

1. 2. Postal or courier services were

delayed due to labor strikes or unforeseen “Acts of God”; and

1. 3. Postal or courier service did not meet

delivery time promised to the offeror. In such case, the offeror must provide written proof that the promised delivery time was prior to the time set forth for the opening of the proposals.

1. (D) Proposals received in response to an RFP shall not be available for public review until after a contract is executed or all proposals are rejected.

1. (6) The department shall keep records of each late proposal, modification(s) or withdrawal in the RFP file.
2. (7) The department shall open proposals and modifications publicly at the time and date as specified in the RFP.
3. (8) In the event the department receives a container which is not identifiable as a specific proposal, an authorized person within the department may open the container to determine its contents. If the contents are determined to be a proposal, the container will be resealed and the solicitation number, opening date, and time will be noted on the outside. The container will then be filed until the official time for opening.
4. (9) After the proposal opening, an offeror may be permitted to withdraw a proposal prior to award at the sole discretion of the department, if there is a verifiable error in the proposal, and enforcement of the proposal would impose an unconscionable hardship on the offeror. The withdrawal will be considered only after receipt of a written request and supporting documentation from the offeror. Withdrawal shall be the offeror’s sole remedy for an error other than an obvious clerical error.
5. (10) If mistakes in proposals are discovered after the proposal closing time and date but before award, the following procedures shall apply. The department may allow the offeror to correct minor informalities which are matters of form rather than substance or insignificant mistakes correctable without unfair advantage to the offeror.
6. (11) The department shall issue a determination in writing granting or denying requests to modify or withdraw proposals because of a mistake.
7. (12) Contracts awarded as a result of a competitive solicitation may be amended when such an amendment is in the best interest of the department and does not significantly alter the original intent or scope of the contract.

AUTHORITY: sections 34.100, 630.050, RSMo 2000 and 630.405, RSMo Supp. 2003.* 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. Amended: Filed June 30, 2003, effective Dec. 30, 2003. *Original authority: 34.100, RSMo 1945, amended 1983, 1995; 630.050, RSMo 1980, amended 1993, 1995; and 630.405, RSMo 1980, amended 1993, 1995, 2001.