3.2. Using Third-Party Consultants
Solicitations which have highly technical or complex requirements may require additional support from a third-party consultant to assist in the development of the solicitation. A third-party consultant is an individual or company that is paid or unpaid to develop or draft specifications, or requirements for utilization in a solicitation. Third-party consultants may also serve in a consultative role during the evaluation and negotiation process.
Third-party consultants who participate in this process will be required to complete and submit the Consultant Confidentiality and Disclosure Agreement Form, SPD-SP040, to ensure no individual has an impermissible conflict of interest and that confidential or proprietary materials are maintained in a secure manner as specified in the agreement. The procurement professional will also use the agreement form to provide notification in writing to the affected contractor/company of their ineligibility to participate in the solicitation or subsequent work resulting from that contract. Employees of a third-party consultant who are participating in the process are also required to complete and submit the General Confidentiality Form, SPD-EP026.
In such instance where a third-party consultant is utilized, the Entity must conduct the solicitation process and remain as the decision maker based on the input of the third- party consultant.
Any third-party consultant who develops or drafts specifications or requirements of a solicitation document will be prohibited from submitting a bid/proposal in response to that solicitation, serving as an Evaluation Committee member (scoring the proposals), conducting the subsequent negotiation process, or from otherwise performing work on any contract or subcontract directly resulting from that particular solicitation document, unless the State Purchasing Division Deputy Commissioner expressly waives this restriction in writing. Any request for such a waiver must be submitted to SPD
in writing via email at processimprovement@doas.ga.gov.
Nothing in this section prohibits the procurement professional from soliciting information or preliminary market research from suppliers or third-party consultants through the RFI process or other means; however, the procurement professional is cautioned not to rely on any one supplier to provide information to assist in the development of the solicitation.