SECTION 260:65-27-9. Clarification Period

(a)   The identified apparent Best Value vendor is invited to participate in the Clarification Phase. Only one firm at a time may be invited to participate. This period is the final 'filter' and the invited firm is still at risk (the project is the identified firm's to lose). The clarification period is not a contract negotiation activity. Once invited to the clarification period, the vendor is responsible for scheduling and management of the related activities. The objective is to:

(1)   ensure the vendor understands the project scope; and,

(2)   allow the vendor to clarify how they will deliver the project/service on time;

(3)   identify the accountabilities of other parties; and

(4)   explain how the vendor will mitigate and manage any risk the vendor does not control.

(b)   The vendor is responsible for understanding the project requirements and expectations.

(c)   To complete the Clarification Phase, the vendor conducts required meetings, indentifies specific requirements and provides relevant documents, including but not limited to, the following:

(1)   Executive Summary;

(2)   A critical milestone schedule that includes the clarification period, the award, project/service delivery and the project completion, including requirements for information or actions by other parties necessary to meet the schedule;

(3)   Identify (ask questions) all technical concerns the customer may have or issues or risks identified by the customer and provide an explanation of how they will satisfy those concerns; make any additional investigations as warranted;

(4)   Provide a listing of major sub-vendor and suppliers. Ensure that any sub-vendors have a complete understanding of the project and have no technical or non-technical questions or concerns;

(5)   Identify activities where the vendor will experience situations where there may be a lack of information, where un-foreseen conditions may exist and activities where the vendor has no control over other participants or required activities in the delivery of the service.

(6)   Identify and document in writing any value-added ideas the Department has accepted or rejected, along with corresponding adjustments to the contract terms;

(7)   A project plan including any final clarification of their proposal and any omitted information and identification of value added provisions accepted by the owner;

(8)   Validation that the proposal is accurate and complete prior to submitting their final project scope;

(9)   Develop a weekly risk report template to communicate accountabilities and deviations, beginning with the clarification period;

(10)   Develop a risk management plan, which includes any risks the vendor does not control and how the vendor will mitigate or minimize those risks should they occur;

(11)   Identify a performance measurement plan to communicate to the Department how the vendor is performing during the project duration; and

(12)   Provide assurances to satisfy any remaining project concerns that the Department may have, including but not limited to adverse publicity, noncompliance with local, State or Federal law, Safety and accident prevention or other risks within the control of the vendor that would cause unnecessary time-and-effort transactions by the Department.

(d)   If the bidder determines their proposal contains errors or their proposal is inaccurate, the bidder may withdraw the project proposal without incurring a penalty. The bidder shall be prohibited from modifying their proposal cost, duration, or project team, unless there is dominant information justifying such action as determined by the Administrator.

(e)   The vendor must schedule a final Clarification Meeting at the end of the clarification period to present a summary of the project items developed. The clarification documents must be concise, organized and suitable for attachment to the Department's owner-vendor agreement.

(1)   The final clarification meeting is not a question and answer session.

(2)   The bidder must not wait for the meeting to ask questions. All coordination and planning with the Department must be conducted prior to the clarification meeting.

(3)   The bidder makes a clarification meeting presentation, which details completion of the project from start to finish and summarizes all coordination/planning completed during the Clarification Phase.

(f)   The Clarification Phase is the final selection filter. If at any time during the Clarification Phase, the Department determines progress being made by the invited bidder is unsatisfactory, the Department may terminate Clarification Phase activities with the invited bidder. The Department may then commence a new Clarification Phase with the next highest ranked bidder.

[Source: Added at 31 Ok Reg 1423, eff 9-12-14]