HARRY HUGHES, Governor

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(B)  ADEQUATE PUBLIC NOTICE OF THE INTENDED PROCUREMENT
SHALL BE GIVEN AS PROVIDED IN SECTION 3-202(C).

(C)  THE REQUEST FOR PROPOSALS SHALL INDICATE THE
RELATIVE IMPORTANCE OF EACH EVALUATION FACTOR, INCLUDING
PRICE.

(D)  EVERY REQUEST FOR PROPOSAL SHALL INCLUDE A WORK
STATEMENT WHICH SHALL BE USED AS A BASIS FOR THE EVALUATION
OF PROPOSALS.

(E)  ANY WRITTEN OR ORAL NEGOTIATIONS SHALL BE
CONDUCTED WITH ALL RESPONSIBLE OFFERORS. THESE NEGOTIATIONS
MAY NOT DISCLOSE ANY INFORMATION DERIVED FROM PROPOSALS
SUBMITTED BY COMPETING OFFERORS. IF THE REQUEST FOR
PROPOSALS SO NOTIFIES ALL OFFERORS, NEGOTIATIONS BY THE
PROCUREMENT OFFICER NEED NOT BE CONDUCTED:

(1)  WITH RESPECT TO PRICES THAT ARE FIXED BY LAW
OR REGULATION, EXCEPT THAT CONSIDERATION SHALL BE GIVEN TO
COMPETITIVE TERMS AND CONDITIONS; OR

(2)  IF TIME OF DELIVERY OR PERFORMANCE WILL NOT
PERMIT NEGOTIATIONS; OR

(3)  IF IT CAN BE DEMONSTRATED CLEARLY FROM THE
EXISTENCE OF ADEQUATE COMPETITION OR ACCURATE PRIOR COST
EXPERIENCE WITH THE PARTICULAR SUPPLY, SERVICE, OR
CONSTRUCTION ITEM, THAT ACCEPTANCE OF AN INITIAL OFFER
WITHOUT NEGOTIATION WOULD RESULT IN A FAIR AND REASONABLE
PRICE.

(F)  AFTER ALL APPROVALS REQUIRED BY LAW OR REGULATIONS
HAVE BEEN OBTAINED, THE AWARD OF THE CONTRACT SHALL BE MADE
TO THE RESPONSIBLE OFFEROR WHOSE PROPOSAL IS DETERMINED TO
BE THE MOST ADVANTAGEOUS TO THE STATE, CONSIDERING PRICE AND
THE EVALUATION FACTORS SET FORTH IN THE REQUEST FOR
PROPOSALS.

3-204.

(A) A NEGOTIATED AWARD MAY BE MADE UNDER THIS SECTION
IF ALL BIDS SUBMITTED UNDER SECTION 3-202 RESULT IN BID
PRICES IN EXCESS OF THE FUNDS AVAILABLE FOR THE PURCHASE OR
IF THE PROCUREMENT OFFICER, WITH THE APPROVAL OF THE AGENCY
HEAD OR HIS DESIGNEE, DETERMINES THAT ALL PRICES RECEIVED
ARE UNREASONABLE AS TO ONE OR MORE OF THE REQUIREMENTS AND:

(1)  THAT THERE ARE NO ADDITIONAL FUNDS AVAILABLE
TO PERMIT AN AWARD TO THE LOWEST RESPONSIVE AND RESPONSIBLE
BIDDER; OR

(2)  THAT ANY DELAY RESULTING FROM A
RESOLICITATION UNDER REVISED SPECIFICATIONS OR QUANTITIES
UNDER COMPETITIVE SEALED BIDDING AS PROVIDED IN SECTION
3-202, WOULD BE FISCALLY DISADVANTAGEOUS OR WOULD OTHERWISE