(A) Opening offers.
(1) Bids received in response to an invitation for bids must be opened publicly at a meeting of the Town Council, in the presence of at least one or more witnesses, at the time and place designated in the invitation for bids.
(2) Proposals received in response to a request for proposals must be opened so as to avoid disclosure of the contents to competing offerors during the process of negotiation. Proposals received in response to a request for specifications may be opened as specified in the request for specifications.
(B) Electronic receipt of offers.
(1) The purchasing agency may receive electronic offers in response to an invitation to bid, request for proposals, or request for specifications.
(2) The purchasing agency may only receive an electronic offer if:
(a) The solicitation includes the procedure for the electronic transmission of the offer; and
(b) The purchasing agency receives the offer on a fax machine or other system with a security feature that protects the contents of an electronic offer with the same degree of protection as provided to an offer not transmitted electronically.
(C) Correction of bids.
(1) An offeror may correct inadvertent errors in a bid up to the time at which bids will be opened by supplementing the erroneous bid and submitting a revised bid.
(2) A bidder may not supplement an inadvertently erroneous bid after the time at which the bids were opened.
(D) Cancellation of solicitation. The purchasing agency may cancel a solicitation or reject all offers.
(E) Delay of opening of offers.
(1) When the purchasing agency makes a written determination that it is in the town’s best interests, offers may be opened after the time stated in the solicitation.
(2) The date, time, and place of the rescheduled opening must be announced at the time and place of the originally scheduled opening.
(F) Modification and termination of contracts.
(1) Price adjustments.
(a) The purchasing agent may include provisions to permit price adjustments in a purchase contract.
(b) The following provisions for price adjustments may be included.
1. Price adjustments must be computed by agreement on a fixed price adjustment before the beginning of the pertinent performance or as soon after the beginning of performance as possible.
2. Price adjustments must be computed by costs attributable to the events or situations under such clauses with adjustment of profit or fee, all as specified in the contract or subsequently agreed upon.
3. Price adjustments must be computed by costs attributable to the events or situations under such clauses with adjustment of profit or fee, all as specified in the contract or subsequently agreed upon.
4. Price adjustments must be computed in such other manner as the contracting parties may mutually agreed upon.
5. In the absence of agreement by the parties, price adjustments must be computed by a unilateral determination by the governmental body of the costs attributable to the events or situations under such clauses with adjustment of profit or fee, all as computed by the governmental body in accordance with applicable rules adopted by the governmental body.
(2) Adjustments in time of performance. The purchasing agency may include provisions in a purchase contract concerning adjustments for time of performance under the contract.
(3) Unilateral rights of town. The purchasing agent may include in a purchase contract provisions dealing with the unilateral right of the town to order changes in the work within the scope of the contract or to order temporary work stoppage or delays in time of performance.
(4) Quantity variations. The purchasing agent may include in a purchase contract provisions dealing with variations between the estimated quantities of work in a contract and the actual quantity delivered.
(G) Award of contract to an offeror other than the lowest offeror. If, after soliciting for offers, the purchasing agent awards a contract for a line or class of supplies or services, or any combination of lines or classes, to an offeror other than the lowest offeror, the purchasing agent must make a written determination stating the reasons for awarding a contract to that offeror.
(Ord. 9-1998, passed 8-12-1998)