A. Purchases Not Requiring Sealed Bids:
1. Purchases costing less than one thousand two hundred dollars ($1,200.00) in total, shall not require bids of any type. (Purchases shall not be artificially divided so to constitute a small purchase under this section.)
2. Purchases costing more than one thousand two hundred dollars ($1,200.00) but less than four thousand dollars ($4,000.00) in total, shall require two (2) written bids.
3. Purchases made through the cooperative purchasing contracts administered by the State Division of Purchasing.
4. Purchases made from a single-source provider.
5. Purchases required during an emergency, i.e., an eminent threat to the public's health, welfare, or safety. However, as much competition as practical should be obtained; and, such purchases should be limited to amounts necessary to the resolution of the emergency.
6. Purchases costing more than four thousand dollars ($4,000.00) but less than fifteen thousand dollars ($15,000.00) in total, shall require three (3) written proposals and be presented to the City Council for final approval.
B. Purchases Requiring Sealed Bids:
1. Contracts shall be awarded by competitive sealed bidding except as otherwise provided by this policy.
2. An invitation for bids shall be issued when a contract is to be awarded by competitive sealed bidding. The invitation shall include a purchase description and all contractual terms and conditions applicable to the procurement. Public notice of the invitation for bids shall be given at least twenty one (21) days prior to the date set forth therein for the opening of bids. The notice may include publication in a newspaper of general circulation.
3. Any procurement in excess of fifty thousand dollars ($50,000.00) shall require a legal notice in a local newspaper of general circulation once a week for three (3) consecutive weeks.
4. Bids shall be opened publicly in the presence of one or more witnesses at the time and place designated in the invitation for bids. The amount of each bid and any other relevant information, together with the name of each bidder, shall be recorded. The record of each bid shall be open to public inspection.
5. Bids shall be unconditionally accepted without alteration or correction, except as authorized in this policy. Bids shall be evaluated based on the requirements set forth in the invitation for bids.
6. Correction or withdrawal of inadvertently erroneous bids before or after award, or cancellation of awards or contracts based on such bid mistakes, shall be permitted. After bid opening no changes in bid prices or other provisions of bids prejudicial to the interest of the City or fair competitor shall be permitted. All decisions to permit the correction or withdrawal of bids or to cancel awards or contracts based on bid mistakes shall be supported by a written determination made by the Purchasing Agent.
7. The contract shall be awarded with reasonable promptness, by written notice, to the lowest bidder whose bid meets the requirements and criteria set forth in the invitation for bids.
C. Public Improvement Contracts 1 : Bid limit for public improvements for the year 2003, one hundred twenty five thousand dollars ($125,000.00); and for each year after 2003, the amount of the bid limit for the previous year, plus an amount calculated by multiplying the amount of the bid limit for the previous year by the lesser of three percent (3%) or the actual percent change in the Consumer Price Index during the previous calendar year.
All projects in excess of the bid limit shall be performed under contract to be let to the lowest responsible bidder. If the estimated cost of the improvement exceeds the bid limit for labor, equipment, and materials, the project may not be divided to permit the construction in parts, unless each part is done by contract.
1. Bid limit for a building improvement for the year 2003, forty thousand dollars ($40,000.00), and for each year after 2003, the amount of the bid limit for the previous year, plus an amount calculated by multiplying the amount of the bid limit for the previous year by the lesser of three percent (3%) or the actual percent change in the Consumer Price Index during the previous calendar year. Bid limit for a public works project for the year 2003, one hundred twenty five thousand dollars ($125,000.00), and for each year after 2003, the amount of the bid limit for the previous year, plus an amount calculated by multiplying the amount of the bid limit for the previous year by the lesser of three percent (3%) or the actual percent change in the Consumer Price Index during the previous calendar year.
2. Building improvements means the construction or repair of a public building or structure.
3. If the estimated cost of the building improvement or public works project exceeds the bid limit, the local entity shall, if it determines to proceed with the building improvement or public works project, request bids for completion of the building improvement or public works project by publishing notice at least twice in a newspaper published or of general circulation in the local entity at least five (5) days before opening the bids; or if there is no newspaper published or of general circulation in the local entity, posting notice at least five (5) days before opening the bids in at least five (5) public places in the local entity and leaving the notice posted for at least three (3) days.
E. Use Of Competitive Sealed Proposals In Lieu Of Bids: When the Purchasing Agent determines in writing that the use of competitive sealed bidding is either not practicable or not advantageous to the City, a contract may be entered into by competitive sealed proposals. Competitive sealed proposals are most appropriately used for professional service-type contracts.
1. Proposals shall be solicited through a request for proposals. Public notice of the request for proposals shall be given at least twenty one (21) days prior to the advertised date of the opening of the proposals.
2. Proposals shall be opened so as to avoid disclosure of contents to competing offerors during the process of negotiation. A register of proposals shall be prepared and shall be open for public inspection after the contract is awarded.
3. The request for proposals shall state the relative importance of price and other evaluating factors.
4. Offerors shall be accorded fair and equal treatment with respect to any opportunity for discussion and revision of proposals, and revisions may be permitted after submissions and prior to award the purpose of obtaining best and final offers. In conducting discussions, there shall be no disclosure of any information derived from proposals submitted by competing offerors.
5. Award shall be made to the person whose proposal is determined, in writing, to be the most advantageous to the City, taking into consideration price and the evaluation factors set forth in the request for proposals. No other factors or criteria shall be used in the evaluation. The contract file shall contain the basis on which the award is made.
F. Architect-Engineer Services: Architect-engineer services are qualification-based procurement. Requests for such services should be publicly announced. Contracts should be negotiated by the City based on demonstrated competence and qualification at fair and reasonable prices.
G. Cancellation And Rejection Of Bids: An invitation for bids, a request for proposals, or other solicitation may be cancelled, or any or all bids or proposal may be rejected, in whole or in part, as may be specified in the solicitation, when it is in the best interest of the City. The reasons shall be made part of the contract file.
H. Determination Of Non-Responsibility Of Bidder Or Offeror: Determination of non-responsibility of a bidder or offeror shall be made in writing. The unreasonable failure of a bidder or offeror to promptly supply information in connection with an inquiry with respect to responsibility may be grounds for a determination of non-responsibility with respect to the bidder or offeror. Information furnished by a bidder or offeror pursuant to this section shall not be disclosed outside of the Purchasing Division without prior written consent by the bidder or offeror.
I. Cost-Plus-A-Percentage-Of-Cost Contracts Prohibited: Subject to the limitations of this section, any type of contract which will promote the best interests of the City may be used, provided that the use of a cost-plus-a-percentage-of-cost contract is prohibited. A cost-reimbursement contract may be used only when a determination is made in writing that such contract is likely to be less costly to the City than any other type or that it is impracticable to obtain the supplies, services, or construction required except under such a contract.
J. Required Contract Clauses:
1. The unilateral right of the City to order, in writing, changes in the work within the scope of the contract and changes in the time of performance of the contract that do not alter the scope of the contract work.
2. Variations occurring between estimated quantities of work in a contract and actual quantities.
3. Suspension of work ordered by the City. (Ord. 2017-13, 11-2-2017, eff. 11-2-2017)
Notes
| 1 | 1. UCA 72-6. |
| 2 | 1. UCA 11-39. |