| Design & Construction |
| Consultant Procurement Inquiry Response Policy |
BACKGROUND |
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- The consultant procurement inquiry and response process is important and beneficial for both interested firms and OGS. It results in more accurate submissions to consultant opportunities, and fewer opportunities for ambiguities that result in contract changes or protests.
- Pursuant to the Procurement Lobbying Law, OGS will communicate all inquiries and responses through the Designated Contact(s). Firms are encouraged to review OGS’s policy on this law, which can be found at the following website: www.ogs.state.ny.us/aboutogs/regulations/defaultSFL_139j-k.html.
POLICY
- OGS seeks to protect the integrity of the procurement process by ensuring that no firm is given a real or perceived advantage over any other firm. OGS’s procedures will help ensure that any information provided to one firm is also provided to other all interested for a particular procurement.
- OGS will neither publish nor respond to pre-bid inquiries that:
- requests for contract deviations,
- refer to or comment on previous contract practices, or
- are otherwise deemed inappropriate.
- For each inquiry responded to, OGS will publish on its public web site the inquiring firm’s name, the inquiry, and the response.
- OGS will include the following disclaimer with all responses published or posted. “Questions regarding a procurement may be submitted on the OGS website. These Questions may be posted on the OGS website. If a question is posted on the OGS website the questioner’s name will be included. Replies, if warranted, also may be posted on the OGS website and/or will be communicated by addenda to all firms that have registered for the procurement on the OGS website. The responses to questions, unless incorporated into an addendum, are not a part of the procurement requirements and are provided for convenience only. In some instances, the question or answer may represent a summary of the matters discussed rather than a word-for-word recitation. The responses may be considered along with all other information furnished to firms for the purpose of submitting on the procurement. The availability or use of information provided in the responses to questions is not to be construed in any way as a waiver of any requirements, or to excuse the firm from full compliance with the procurement requirements. Firms are cautioned that subsequent responses or addenda may affect or vary a response previously given.”
- In responding to inquiries, OGS will make every effort to refer directly to the procurement documentation including the solicitation, Request for Proposals(RFP), or Invitation for Bids(IFB); and will quote specific sections of the same. Firms should include similar references, as appropriate, in their inquiries.
- OGS will issue an addendum if an inquiry indicates the procurement documents should be modified.
- OGS will make every effort to issue an addendum prior to posting any referrals to it. “Per Addendum No. ____ dated ____” may be an appropriate response to a pre-bid inquiry.
- Inquiries should be made as far in advance of, but not later than, the date and time scheduled for the or as indicated in the procurement documents. It may be impractical to post responses to certain inquiries that are submitted too close to the submission due date. Investigation of all inquiries is to be carefully pursued. However, considering the particular circumstances, it remains OGS’s discretion to waive posting a response, if warranted..
- OGS strongly encourages firms to submit their questions using the OGS website. Failure to do so may cause delay in responding to the inquiry.
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