(a) When it is determined to be in the best interests of the state for scientific, appraisal, right of way acquisition, and landscape architectural service contracts, the department may elect to include discussions with the top three responsive providers to clarify their best and final offer prior to selection. In the case of selecting multiple providers, discussions will be held with a number of providers equal to the number of contracts to be awarded plus three. Discussions for best and final offer will occur following completion of the steps in §9.82 through §9.85 of this subchapter, relating to contracts for scientific, appraisal, right of way acquisition, and landscape architectural services.
(b) If the department elects to conduct discussions as provided for in subsection (a) of this section, the top providers, as determined by subsection (a) of this section, shall be given an equal opportunity to discuss and revise their proposals. The department will not disclose any information derived from proposals submitted by competing providers during these discussions. Discussions will include any portion of the responsive proposal in order to assess a provider's ability to meet the RFP requirements, and an opportunity for the provider to demonstrate an understanding of the project and remedy the proposal's deficiencies. Discussions may include reasonableness of fee.
(c) After completing discussions with providers, the department will send written notification to each provider to submit a best and final offer. The proposals will be reevaluated using the criteria in §9.85 of this title (relating to Evaluation). The evaluation shall be made in writing and shall include the individual proposal evaluation matrix as specified in §9.85(d) of this title.

Source Note: The provisions of this §9.86 adopted to be effective March 21, 1999, 24 TexReg 1829; amended to be effective February 20, 2000, 25 TexReg 1146; amended to be effective January 4, 2001, 25 TexReg 13009