(a) Conditions for use.--When the contracting officer determines in writing that the use of competitive sealed bidding is either not practicable or advantageous to the Commonwealth, a contract may be entered into by competitive sealed proposals.
(b) Request for proposals.--Proposals shall be solicited through a request for proposals.
(c) Public notice.--Public notice of the request for proposals shall be given in the same manner as provided in section 512(c) (relating to competitive sealed bidding).
(d) Receipt of proposals.--Offerors shall submit their proposals to ensure that their proposals are received prior to the time and date established for receipt of the proposals. Proposals shall be submitted in the format required by the request for proposals. Proposals shall be opened so as to avoid disclosure of their contents to competing offerors.
(e) Evaluation.--The relative importance of the evaluation factors shall be fixed prior to opening the proposals. A Commonwealth agency shall invite its comptroller to participate in the evaluation as a nonvoting member of any evaluation committee. No individual who has been employed by an offeror within the preceding two years may participate in the evaluation of proposals.
(f) Discussion with responsible offerors and revision of proposals.--As provided in the request for proposals, discussions and negotiations may be conducted with responsible offerors for the purpose of clarification and of obtaining best and final offers. Responsible offers shall be accorded fair and equal treatment with respect to any opportunity for discussion and revision of proposals. In conducting discussions, there shall be no disclosure of any information derived from proposals submitted by competing offerors.
(g) Selection for negotiation.--The responsible offeror whose proposal is determined in writing to be the most advantageous to the purchasing agency, taking into consideration price and all evaluation factors, shall be selected for contract negotiation.
(h) Contract negotiation.--(Deleted by amendment).
(Dec. 3, 2002, P.L.1147, No.142, eff. imd.; Oct. 21, 2014, P.L.2517, No.149, eff. 60 days)
2014 Amendment. Act 149 amended subsec. (e).
2002 Amendment. Act 142 amended subsecs. (f) and (g) and deleted subsec. (h).
Cross References. Section 513 is referred to in sections 106.1, 511, 517, 534, 561, 3741 of this title; section 9604 of Title 51 (Military Affairs).
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