A. Conditions For Use: All agreements of the City shall be awarded by competitive sealed bidding except as otherwise provided in sections 3.10.090, "Competitive Sealed Proposals", 3.10.100, "Contracting For Designated Professional Services", 3.10.110, "Small Purchases", 3.10.120, "Agreements With Other Governmental Entities", 3.10.130, "Sole Source Procurement", 3.10.140, "Procurement To Meet Existing Needs", 3.10.150, "Procurement For Specialized Services", 3.10.160, "Procurement For Emergencies And Public Threats", 3.10.170, "Unforeseen Conditions", 3.10.180, "Market Commodities", of this chapter and sections 3.10.360, 3.10.370, 3.10.410, and 3.10.420 of this chapter, and section 63G-6a-2105 of the Utah Code, as amended.
B. Invitation For Bids: Each competitive sealed bid proceeding shall be commenced by the Purchasing Agent, or designee, issuing an invitation for bids, which shall include specifications, and all contractual terms and conditions applicable to the procurement.
C. Public Notice: Public notice of the invitation for bids shall be given for a period of not less than five (5) business days prior to the date set forth therein for the opening of bids. Such notice may include publication in an electronic format, such as the Utah public notice website, a newspaper of general circulation within the State, or any other means designed to provide reasonable public notice of the invitation for bids. The public notice shall state the place, date, and time of bid opening.
D. Bid Opening: Bids shall be opened publicly at the time and place designated in the invitation for bids. The amount of each bid, and such other relevant information as the purchasing agent, or designee, deems appropriate, together with the name of each bidder shall be recorded; the record and each bid shall be open to public inspection in accordance with section 3.10.040, "Public Access To Procurement Information", of this chapter.
E. Bid Acceptance And Bid Evaluation:
1. Bids shall be unconditionally accepted without alteration or correction, except as authorized in this chapter.
2. Bids shall be evaluated based on the requirements set forth in the invitation for bids, which may include, but are not limited to, criteria to determine acceptability such as inspection, testing, quality, delivery, and suitability for a particular purpose. Those criteria that will affect the bid price and be considered in evaluation for award shall be objectively measurable, such as discounts, transportation costs, and total or life cycle costs. The invitation for bids shall set forth the evaluation criteria to be used. No criteria may be used in bid evaluation that are not set forth in the invitation for bids. If the invitation for bids is for a construction project, the evaluation criteria must include, and require the offeror to show, the existence and quality of:
a. An offeror's company safety plan; and
b. The offeror's safety plan for the specific project that is the subject of the proposal.
F. Correction Or Withdrawal Of Bids; Cancellation Of Awards: Correction or withdrawal of inadvertently erroneous bids before or after bid opening, or cancellation of awards or agreements based on such bid mistakes, may be permitted by the purchasing agent, or designee, where appropriate. Mistakes discovered before bid opening may be modified or withdrawn by written, electronic or facsimile notice received in the office designated in the invitation for bids prior to the time set for bid opening. After bid opening, corrections in bids shall be permitted only to the extent that the bidder can show by clear and convincing evidence that a mistake of a nonjudgmental character was made, the nature of the mistake, and the bid price actually intended. After the bid opening, no changes in bid prices or other provisions of bids prejudicial to the interest of the City or fair competition shall be permitted. In lieu of bid correction, a low bidder alleging a material mistake of fact may be permitted to withdraw its bid if:
1. The mistake is clearly evident on the face of the bid document but the intended correct bid is not similarly evident; or
2. The bidder submits evidence which clearly and convincingly demonstrates that a mistake was made. All decisions to permit the correction or withdrawal of bids, or to cancel awards or agreements based on bid mistakes, shall be supported by a written determination made by the purchasing agent, or designee.
G. Award: The agreement shall be awarded by written notice to the lowest responsible and responsive bidder whose bid meets the requirements and criteria set forth in the invitation for bids. In the event the low responsive and responsible bid for a construction project exceeds available funds as certified by the Director of Finance and Administration, and such bid does not exceed such funds by more than five percent (5%), the purchasing agent, or designee, is authorized, when time or economic considerations preclude resolicitation of work of a reduced scope, to negotiate an adjustment of the bid price with the low responsive and responsible bidder, in order to bring the bid within the amount of available funds. Any such negotiated adjustment shall be based only upon eliminating independent deductive items specified in the invitation for bids.
H. Multistep Sealed Bidding: When it is considered impractical to prepare initially a purchase description to support an award based on price, an invitation for bids may be issued requesting the submission of unpriced offers to be followed by an invitation for bids limited to those bidders whose offers have been determined to be technically acceptable under the criteria set forth in the first solicitation. (Ord. 19-05: Ord. 17-14)