Okla. Admin. Code § 753:11-11-3

Current through Vol. 42, No. 3, October 15, 2024

Section 753:11-11-3 - Clarification period

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

(1) ensure the supplier understands the project scope;

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

(3) identify the accountabilities of other parties; and

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

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

(c) To complete the clarification phase, the supplier conducts required meetings, identifies specific requirements and provides relevant documents, which may include but is 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 all technical concerns the customer may have or issues or risks identified by the customer and provide an explanation of how the Construction Manager will satisfy those concerns;

(4) Make any additional investigations as warranted;

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

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

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

(8) A project plan including any final clarification of the proposal and any omitted information and identification of value-added provisions accepted by the Trust;

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

(10) Develop a Risk Report template to communicate accountabilities and deviations, beginning with the clarification period;

(11) Develop a Risk Management Plan, which includes any risks the supplier does not control and how the supplier will mitigate or minimize those risks should they occur;

(12) Identify a performance measurement plan to communicate to the Trust how the supplier is performing during the project duration; and

(13) Provide assurances to satisfy any remaining project concerns that the Trust 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 supplier that would cause unnecessary time-and-effort transactions by the Trust.

(d) If the bidder determines the proposal contains errors or the proposal is inaccurate, the bidder may withdraw the project proposal, but the bidder shall be prohibited from modifying the proposal cost, duration, or project team, unless there is dominant information justifying such action as determined by the CFMO.

(e) The supplier 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 a final negotiated contract.

(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 Trust 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 Trust determines progress being made by the invited bidder is unsatisfactory, the Trust may terminate Clarification Phase activities with the invited bidder. The Trust may then commence a new Clarification Phase with the next highest ranked bidder.

Okla. Admin. Code § 753:11-11-3

Adopted by Oklahoma Register, Volume 36, Issue 24, September 3, 2019, eff. 9/18/2019

Amended by Oklahoma Register, Volume 40, Issue 23, August 15, 2023, eff. 9/1/2023