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OAC 260:115-7-34 - Contract negotiation

  1. Negotiation. The State Purchasing Director may negotiate contracts by following the rules for negotiation in this section. Negotiations may be conducted with one or more suppliers. A state agency may conduct negotiations for acquisitions within the state agency’s approved dollar threshold and shall follow the rules for negotiation in this section. 
  2. Negotiation team. 
    1. A state agency may request assistance from the State Purchasing Director when conducting negotiations, which may include a request for the designation of a negotiator or negotiation team. 
    2. The State Purchasing Director or designee shall serve as the lead negotiator for a team when negotiations are being conducted for solicitations issued by Central Purchasing. 
  3. Negotiation process. 
    1. The lead negotiator shall notify suppliers of the date and time for negotiations. 
    2. The lead negotiator shall request the supplier provide a list of the individuals who will attend the negotiation and who have full authority to bind the supplier in the negotiation process. 
    3. The lead negotiator shall determine the location and manner of negotiation. 
    4. The negotiation team shall develop an agenda with the lead negotiator and submit the agenda to all participants of the negotiation process. The agenda shall set forth the key areas in the solicitation, which require negotiation. 
    5. The lead negotiator may require suppliers to submit a best and final offer. 
    6. The lead negotiator shall prepare a summary that shall document the following: 
      1. an overview setting forth the solicitation number, names and titles of participants, description of the solicitation, date and location of the negotiation, and purpose of the negotiation; and 
      2. a summary of the results of the negotiation, specifically stating what is the basis of the final agreement. 
      3. a summary created under these rules shall become a part of the contract file retained. 

Associated Statutes

Purchasing Reference Guide

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