NEGOTIATION AND BEST AND FINAL OFFER (BAFO. Department reserves the right to enter into negotiations with and/or invite submission of a Best and Final Offer (BAFO) from one bidder or multiple bidders in accordance with the procedures as outlined in the Concession Bid Evaluation & Selection Process.
NEGOTIATION AND BEST AND FINAL OFFER (BAFO. After evaluating bid proposals, the NJDOT may enter into negotiations with one bidder or multiple bidders. The primary purpose of negotiations is to maximize the State’s ability to obtain the best value based on the mandatory requirements, evaluation criteria, and cost. Multiple rounds of negotiations may be conducted with one bidder or multiple bidders. Negotiations will be structured by the NJDOT to safeguard information and ensure that all bidders are treated fairly. Similarly, the NJDOT may invite one bidder or multiple bidders to submit a best and final offer (BAFO). Said invitation will establish the time and place for submission of the BAFO. Any BAFO that is not equal to or lower in price than the pricing offered in the bidder’s original proposal will be rejected as non-responsive and the State will revert to consideration and evaluation of the bidder's original pricing. If required, after review of the BAFO(s), clarification may be sought from the bidder(s). The NJDOT may conduct more than one round of negotiation and/or BAFO in order to attain best value for the State. After evaluation of bid proposals and as applicable, negotiation(s) and/or BAFO(s), the NJDOT will recommend, to the Director, the responsible bidder(s) whose bid proposal(s), conforming to the RFP, is/are most advantageous to the State, price and other factors considered. The Director may accept, reject or modify the recommendation of the NJDOT. The Director may initiate additional negotiation or BAFO procedures with the selected bidder(s). Negotiations will be conducted only in those circumstances where they are deemed by the NJDOT to be in the State’s best interests and to maximize the State’s ability to get the best value. Therefore, the bidder is advised to submit its best technical and price proposal in response to this RFP since the State may, after evaluation, make a contract award based on the content of the initial submission, without further negotiation and/or BAFO with any bidder. All contacts, records of initial evaluations, any correspondence with bidders related to any request for clarification, negotiation or BAFO, any revised technical and/or price proposals, the Evaluation Committee Report and the Award Recommendation, will remain confidential until a Notice of Intent to Award a contract is issued.
NEGOTIATION AND BEST AND FINAL OFFER (BAFO. Following the opening of Bid proposals, the Agency reserves the right to negotiate with Bidders, after bid opening, the final terms and conditions of any procurement, including price, the technical services offered, the terms and conditions and/or the price of a proposed Contract award with any Bidder. In response to the Agency’s request to negotiate the Bidder must continue to satisfy all mandatory RFP requirements but may improve upon original technical proposal in any revised technical proposal. However, any revised technical proposal that does not continue to satisfy all mandatory requirements will be rejected as non-responsive and the original technical proposal will be used for any further evaluation purposes, in accordance with the following procedures: The Agency will conduct an initial review and determine whether and with which Bidder(s) it will negotiate, and will communicate its request to each such Bidder. In response, the Bidder will submit any required revisions to its proposal. In response to the Agency’s request for a BAFO (“Best and Final Offer”), the Bidder may submit a revised price proposal that is equal to or lower in price than its original submission but must continue to satisfy all mandatory requirements. After receipt of the results of the negotiation and/or the BAFO(s), the Evaluation Committee will complete its evaluation and recommend to the Agency for award that responsible Bidder(s) whose bid proposal, conforming to this RFP, is most advantageous to the Agency, price and other factors considered. All contact, records of initial evaluations, any correspondence with Bidders related to any requests for negotiation or BAFO, any revised technical and/or price proposals, the Agency’s evaluation and the Award Recommendation, will remain confidential until an Intent to Award notice is issued.
