Section 3-143-611 - Modification of proposal by partial rejection(a) A purchasing agency may, in accordance with this section, partially reject any proposal or combination of proposals and request proposal modifications to be done that are in the best interests of the state.(b) Conditions for partial rejection. A purchasing agency may only partially reject any proposal or combination of proposals if the following conditions are met: (1) The proposal or combination of proposals has been determined under the evaluation process to be the most advantageous; and(2) The modifications proposed by the purchasing agency will not render the proposal or proposals less advantageous.(c) Procedure and notice for partial rejection. Upon the determination that a proposal is eligible for partial rejection, the purchasing agency shall give the applicant that submitted the proposal notice of partial rejection. The notice of partial rejection shall contain the following information: (1) Identification of the proposal; and(2) A statement of the proposed modifications to the proposal.(d) Partial rejection not binding unless approved. A notice of partial rejection shall not be construed to bind an applicant unless the applicant approves in writing the modifications proposed in the notice. If the modifications as proposed in the notice are not acceptable to the applicant, then the applicant may make a counter-proposal to the purchasing agency and negotiate a set of modifications mutually acceptable to both parties.(e) Incorporation in proposal. Upon approval by both the purchasing agency and the applicant, the proposed modifications shall be incorporated into the applicant's proposal in a manner mutually acceptable to both parties.[Eff 6/19/99; am and comp JAN 23 2006] (Auth: HRS §§ 103F-106, 103F-407) (Imp: HRS §§ 103F-402, 103F-407)