NAC408.688. Request for best and final offers: Authority and duties of Department.

     1. The Department may issue a request for best and final offers if the Department determines that:

     (a) No proposal received by the Department:

          (1) Is responsive to the request;

          (2) Serves a public purpose; or

          (3) Satisfactorily achieves the goals and needs of the project for any reason, including, without limitation, the proposals received:

               (I) Are not cost effective;

               (II) Exceed budget amounts or cost estimates; or

               (III) Identify technical or scope ambiguities in the request for proposals; and

     (b) A request for best and final offers may result in the submission of a satisfactory proposal.

     2. The Department may issue a request for best and final offers to:

     (a) Each proposer who submitted a proposal for the project; or

     (b) Only those proposers who submitted responsive proposals or proposals within a competitive range.

     3. The Department may, when preparing a request for best and final offers:

     (a) Hold individual or joint meetings or discussions with proposers concerning the project;

     (b) Modify the scope of the project;

     (c) Modify the terms of any contract;

     (d) Revise the estimates of costs of the project; or

     (e) Revise the criteria for evaluation of the proposals and the relative weight assigned to each criteria.

     4. A request for best and final offers issued by the Department must set forth the date and time on which best and final offers must be submitted to the Department.

     5. After receiving submissions of best and final offers, the Department will evaluate the best and final offers in the same manner as the Department evaluates a proposal, including, without limitation, refusing to review a nonresponsive best and final offer, holding individual meetings with a proposer or joint meetings with multiple proposers and requesting clarifications or interviewing a proposer concerning the proposal.

     6. After reviewing the best and final offers submitted for the project and any clarifications or additional information provided by a proposer pursuant to subsection 5, the Department may:

     (a) Rank each responsive best and final offer submitted, with the highest ranked offer as the apparent successful proposal, and the next highest ranked offer as the second best proposal, and so on, for each offer;

     (b) Reject all best and final offers; or

     (c) Take any other action, including, without limitation, any action set forth in NAC 408.670 or in the request for proposals.

     (Added to NAC by Dep’t of Transportation by R172-09, eff. 4-20-2010)