Adm 10.08(1)(d)(d) Clearly describe the scope of the services requested and shall provide prospective contractors with performance criteria, including quantity of each service required and delivery schedules for those services;

Adm 10.08(1)(e)(e) State the factors to be considered in evaluating proposals and the relative importance of each factor. Factors that may be considered when evaluating proposals include;

Adm 10.08(1)(e)1.1. Responsiveness of the proposals. The proposal should clearly state the proposer’s understanding of the work to be performed.

Adm 10.08(1)(e)2.2. Technical experience and resources of the firm or individual submitting the proposal.

Adm 10.08(1)(e)3.3. Experience and professional activities of the firm or individual submitting the proposal.

Adm 10.08(1)(e)4.4. Size and structure of the firm or individual practice of the proposer.

Adm 10.08(1)(f)(f) State that the procuring agency reserves the right to reject for cause any and all proposals submitted and to request additional information for purposes of clarification only from proposers; and

Adm 10.08(1)(g)(g) State that any award made shall be made to the firm which, based on the evaluation by the procuring agency, is best qualified.

Adm 10.08(2)(2) Legal notice. When the estimated cost exceeds $10,000, a Class 2 notice under ch. 985, Stats., inviting competitive sealed proposals shall be published. The advertisement shall describe the services to be purchased, the intent to solicit proposals rather than bids, any requirement for surety and date the proposals will be opened.

Adm 10.08(3)(3) Proposal evaluation. Proposals shall be evaluated using a predetermined method to determine which proposer best meets the needs of the procuring agency. A description of the process of evaluation should be included with the RFP. The RFP should state, whenever possible, whether oral presentations by proposers will be part of the evaluation process.

Adm 10.08(4)(4) Evaluation committee. Before an RFP is distributed to prospective contractors, the procuring agency shall establish an evaluation committee. Each committee shall consist of 3 or a larger number of members, depending on the complexity and scope of services being procured. At least one member or a person advising the committee, shall be trained in procuring contractual services. An evaluation committee shall:

Adm 10.08(4)(a)(a) Review all proposals submitted in response to an RFP, using as a basis the evaluation criteria included in the RFP;

Adm 10.08(4)(b)(b) Conduct all formal, scheduled oral conferences and presentations with proposers that affect the evaluation process;

Adm 10.08(4)(c)(c) Keep accurate records of all meetings, conferences, oral presentations, evaluations and decisions;

Adm 10.08(4)(d)(d) Not disclose to any proposer any information obtained from any other proposer;

Adm 10.08(4)(e)(e) Give all proposers an equal opportunity to make a presentation, if presentations are permitted; and

Adm 10.08(5)(5) Discussions with proposers. Fair and equal discussions may be conducted with all proposers for the purpose of clarification, and with proposers whose proposals are reasonably apt to be awarded the contract for the purpose of negotiating the best offer.

Adm 10.08(6)(6) Notice of intent. When the competitive negotiation process is used to procure services over $10,000, a letter of intent to contract shall be sent by the contracting agency to the selected proposer. Copies of the letter of intent shall be sent to all other proposers in the evaluation process. All letters of intent shall be sent at least 5 days before the intended date of award.

Adm 10.08(7)(7) Contract award. Award shall be based on the evaluation committee recommendation unless, after review by the department of the award or of a protest by a bidder or proposer, a change in an award is approved because:

Adm 10.08(7)(b)(b) The award was recommended to a proposer who should have been disqualified as not responsive to all mandatory requirements of the RFP;

Adm 10.08(7)(c)(c) Evidence of collusion or fraud involving either the proposer or an evaluation committee member is found;

Adm 10.08(7)(d)(d) The evaluation committee failed to follow the evaluation criteria as set forth in the RFP; or

Adm 10.08(8)(8) Conflict of interest. No person shall serve on an evaluation committee where the action of that committee might benefit that person, or a member of that person’s immediate family as defined in s. 19.42 (7), Stats., or any organization or business with which that person is associated as defined in s. 19.42 (2), Stats.

Adm 10.08 HistoryHistory: Cr. Register, January, 1983, No. 325, eff. 2-1-83; am. (3) and (4) (intro.), Register, December, 1985, No. 360, eff. 1-1-86.

Adm 10.09Adm 10.09 Noncompetitive negotiation. In cases where the contractual service can only be obtained from one source, the agency shall provide information in the RPA to show that only one source exists, that the price is reasonable either on a fair market value or on a cost basis, and that the procurement is in the best interests of the state.