Common use of NEGOTIATION AND BEST AND FINAL OFFER (BAFO Clause in Contracts

NEGOTIATION AND BEST AND FINAL OFFER (BAFO. After evaluating 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 Division to safeguard information and ensure that all bidders are treated fairly. Similarly, the Division 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 Division may conduct more than one round of negotiation and/or BAFO in order to attain the best value for the State. After evaluation of proposals and as applicable, negotiation(s) and/or BAFO(s), the Division will recommend, to the Director, the responsible bidder(s) whose 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 Division. The Director may initiate additional negotiation or BAFO procedures with the selected bidder(s). 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. After evaluating Following the opening of bid proposals, the NJDOT may enter into negotiations State shall, pursuant to N.J.S.A. 52:34-12(f), negotiate one or more of the following contractual issues: the technical services offered, the terms and conditions and/or the price of a proposed contract award with any bidder, and/or solicit a Best and Final Offer (BAFO) from one bidder or multiple more bidders. The primary purpose Initially, the Evaluation Committee will conduct a review of negotiations is all the bids and select bidders to maximize the State’s ability contact to obtain the best value negotiate and/or conduct a BAFO based on its evaluation and determination of the mandatory bid proposals that best satisfy the evaluation criteria and RFP requirements, evaluation criteria, and cost. Multiple rounds of negotiations may be conducted with one bidder or multiple bidders. Negotiations will be structured by the Division to safeguard information and ensure that all bidders are treated fairly. Similarly, the Division 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 Division may conduct more than one round of negotiation and/or BAFO in order to attain the best value for the State. After evaluation of proposals and as applicable, negotiation(s) and/or BAFO(s), the Division will recommend, to the Director, the responsible bidder(s) whose proposal(s), conforming to the RFP, is/are most advantageous to the State, price and other factors considered. The Director Committee may acceptnot contact all bidders to negotiate and/or to submit a BAFO. In response to the State's request to negotiate, reject bidders must continue to satisfy all mandatory RFP requirements but may improve upon their 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 procedure. In response to the State's request for a BAFO, bidders may submit a revised price proposal that is equal to or modify lower in price than their original submission, but must continue to satisfy all mandatory requirements. Any revised price proposal that is higher in price than the recommendation original will be rejected as non-responsive and the original bid will be used for any further evaluation purposes. After receipt of the Division. The results of the negotiation and/or the BAFO(s), the Evaluation Committee will complete its evaluation and recommend to the Director may initiate additional negotiation or BAFO procedures with for award that responsible bidder(s) whose bid proposal, conforming to this RFP, is most advantageous to the selected bidder(s)State, price and other factors considered. 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. 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 Division NJDOT to safeguard information and ensure that all bidders are treated fairly. Similarly, the Division 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 Division NJDOT may conduct more than one round of negotiation and/or BAFO in order to attain the best value for the State. After evaluation of bid proposals and as applicable, negotiation(s) and/or BAFO(s), the Division 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 DivisionNJDOT. The Director may initiate additional negotiation or BAFO procedures with the selected bidder(s). 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. After evaluating Following the opening of Bid proposals, the NJDOT may enter into negotiations Agency reserves the right to negotiate 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 requirementsBidders, evaluation criteria, and cost. Multiple rounds of negotiations may be conducted with one bidder or multiple bidders. Negotiations will be structured by the Division to safeguard information and ensure that all bidders are treated fairly. Similarlyafter bid opening, the Division 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 invite one bidder or multiple bidders improve upon original technical proposal in any revised technical proposal. However, any revised technical proposal that does not continue 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 satisfy all mandatory requirements will be rejected as non-responsive and the State original technical proposal will revert 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 consideration 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 evaluation 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 bidder's original pricing. If required, after review results of the negotiation and/or the BAFO(s), clarification may be sought from the bidder(s). The Division may conduct more than one round of negotiation and/or BAFO in order to attain the best value for the State. After Evaluation Committee will complete its evaluation of proposals and as applicable, negotiation(s) and/or BAFO(s), the Division will recommend, recommend to the Director, the Agency for award that responsible bidder(sBidder(s) whose proposal(s)bid proposal, conforming to the this RFP, is/are is most advantageous to the StateAgency, price and other factors considered. The Director may accept, reject or modify the recommendation of the Division. The Director may initiate additional negotiation or BAFO procedures with the selected bidder(s). All contactscontact, records of initial evaluations, any correspondence with bidders Bidders related to any request requests for clarification, negotiation or BAFO, any revised technical and/or price proposals, the Evaluation Committee Report Agency’s evaluation and the Award Recommendation, will remain confidential until a Notice of an Intent to Award a contract notice is issued.