Solicitation- Advertising, Communication and Receipt and Control of Responses

Question 1

How is solicitation advertised?

Answer 1

ESBD, notifying CMBL vendors, posted on agency’s website, Texas Register (only for some procurement methods)

Question 2

What are agency communications with potential respondents prior to submission deadline?

Answer 2

1) Pre-bid conference- forum to pose questions
* may be made mandatory or not- mandatory should only be used when an onsite visit is required to have a full understanding of solicitation- must have a sign-in sheet
* Held no earlier than 10 days after posting
2) Q&A Period- must specify due date

Question 3

What is the benefit of a Q&A period?

Answer 3

provides the first indication of possible ambiguities, errors, or lack of critical information in the solicitation.

Question 4

How does agency respond to Questions

Answer 4

1) Must be compiled, verbatim (with any spelling and grammatical errors) into a Q&A document.
2) Every question received, even similar questions submitted by different vendors, must be accounted for in the Q&A document.
3) Redact name of entity in Q&A
4) Have discretion for organization of the questions
5) Redundant questions- best practice to either provide the exact same answer to both questions or answer the first question and include a cross reference when responding to the second question
6) Must be published (on ESBD)

Question 5

How is addenda to solicitation handled?

Answer 5

Same manner as original solicitation (ESBD, etc.) and response due date may need to be changed
If substantial changes- extend for 14 days

Question 6

Can Q&A be addressed through an addendum to the solicitation?

Answer 6

Yes

Question 7

Who can communicate with potential respondents after posting and prior to submission deadline?

Answer 7

Only designated procurement staff after pre-bid conference (program staff can have contact during pre-bid conference)

Question 8

What do “response opening date” and “solicitation closing date” describe?

Answer 8

Deadline for receipt of responses

Question 9

To ensure fairness, when should agencies wait to open submissions?

Answer 9

Not until the due date and time has passed

Question 10

What is an exception to waiting to open submissions?

Answer 10

For the purpose of identifying the receipt, if not properly marked on the outside- must be resealed, dated, and signed by person who opened

Question 11

List factors affecting control of responses

Answer 11

1) Late responses- must have procedures for what happens (should not be opened, unless agency allows an exception due to issues like inclement weather) and what happens to late responses (e.g. destroyed)
2) Withdrawal of response must be done prior to deadline and in writing on company letterhead or by completing a form
3) Cancellation of solicitation may happen anytime prior to submission deadline- must post in same manner as solicitation was posted
4) Public Opening Option
5) Internal procedures
* Time piece used to determine timely receipt
* Marking process to document receipt of hard copies
* Log of responses
* Securing responses received prior to deadline
* Procedures for opening in error