Solicitation conferences

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  1. (a)

    1. (1) A state agency may hold a solicitation conference before or after issuing an invitation for bids, a request for proposals, or a request for statements of qualifications and performance data under § 19-11-801 et seq.

    2. (2) A solicitation conference may be held:

      1. (A) In person; or

      2. (B) Online or in another virtual format.

  2. (b) Attendance by a vendor at a solicitation conference is not required for that vendor's bid, proposal, or statement of qualifications and performance data to be accepted unless the attendance requirement is:

    1. (1) Explicitly stated in the invitation for bids, request for proposals, or request for statements of qualifications and performance data; and

    2. (2) Approved by the State Procurement Director or the head of the procurement agency.

  3. (c) A state agency holding a solicitation conference shall:

    1. (1) For an invitation for bids or a request for proposals, include the date and time of the solicitation conference in the notice required under § 19-11-229;

    2. (2) Require vendors in attendance at a solicitation conference to sign in at the solicitation conference or provide a registration record for an online or other virtual solicitation conference, regardless of whether attendance is required under the solicitation; and

    3. (3) Maintain the sign-in sheet or registration records with the other documents related to the solicitation.

  4. (d) A statement made at a solicitation conference does not change the invitation for bids, request for proposals, or request for statements of qualifications and performance data unless a change is made by written amendment to the invitation for bids, request for proposals, or request for statements of qualifications and performance data.

  5. (e) A state agency is encouraged to hold a solicitation conference for a procurement that:

    1. (1) Has a contract amount of at least:

      1. (A) Five million dollars ($5,000,000) for a single contract year; or

      2. (B) Thirty-five million dollars ($35,000,000) for the total anticipated term of the contract, including any extensions, based on the previous contract for the same commodities or services or, if a previous contract is not available, a contract for similar commodities or services; or

    2. (2) Is of strategic importance to the state.


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