Sec. 14.39.03.14. Negotiated Award After Unsatisfactory Competitive Sealed Bidding

A. General. An LEA may make a negotiated award after unsatisfactory competitive sealed bidding if, after bids have been opened, the LEA:

(1) Rejects all bids pursuant to Regulation .07F(2) or .08G(2) of this chapter; and

(2) Determines that:

(a) Funding does not permit an award to the lowest responsible and responsive bidder;

(b) Any delay resulting from a resolicitation with revised specifications under competitive sealed bidding would be fiscally disadvantageous or would not otherwise be in the best interest of the LEA or the State; or

(c) Both.

B. Invitation for Revised Bids. The LEA shall:

(1) Issue an invitation for revised bids based on revised specifications to the original bidders as promptly as possible; and

(2) Require a prompt response.

C. Discussion. Discussion may not be conducted with bidders after revised bids have been submitted unless the LEA determines that there is compelling need for further negotiation. Any discussion concerning revised specifications shall be conducted with all responsible bidders in a fair and equal manner.

D. Award. The LEA shall award the contract to the lowest responsive and responsible bidder whose bid meets the invitation for revised bids.