A. Generally: Procurement officials may use any appropriate means when procuring supplies and services. This section gives guidance regarding some processes, and does not limit the use of other appropriate processes.
B. Solicitation Materials: The procurement official has discretion to determine what solicitation materials are appropriate for any given procurement, and the manner in which they will be prepared. The procurement official may specify practices to be followed for routine types of procurement. Without limitation, materials may be as follows:
1. Competitive Sealed Bids: Generally, competitive sealed bids should be solicited using a bid package. The bid package shall state requirements to which the bidder must respond, and any matters relevant to the procurement process. The bid package generally contains a bid form; specifications; a copy of any published notice; forms or examples of the anticipated contract and other documents; any necessary directions for delivering bids; notice of any prebid conference; a description of any required samples or descriptive literature, tests, examinations or other special requirements; and any provisions required by mandatory applicable Federal, State or local law.
2. RFPs, RFQs And Other Competitive Sealed Proposals: Generally, RFPs, RFQs and other competitive sealed proposals should be solicited using a proposal package. A proposal package may contain documents similar to those in a bid package. It shall state the criteria which a proposer's submission must address in order to be considered by the City, and any matters relevant to the procurement process. For example, in connection with an RFQ, the City's request for qualifications shall state the qualifications required to meet the City's needs, that the City may conduct oral or written discussions at its discretion, and that the City may select a short list of qualified applicants who may submit technical or other proposals.
3. Other Solicitations: The procurement official shall determine what materials should be prepared to solicit bids or responses in connection with any other type of solicitation.
C. Public Notice: The City shall give notice of the City's need for a supply or service in a manner that alerts a reasonable pool of qualified persons. A procurement official has discretion to determine what method of notice is appropriate for any given procurement, and shall comply with all applicable laws. Notice may be transmitted by internet website, e-mail or other electronic means whenever practicable. Methods of giving notice include, but are not limited to, the following:
1. Notices For Construction Procurement: Any notice for the procurement of construction must comply with section 53-1A-17 of this article.
2. Advertised Notices: Advertised notices may be used when soliciting routine types of sealed bids, RFPs, RFQs or other competitive sealed proposals. They should include the following unless additional requirements are imposed for the procurement of construction:
a. Content: The notice should state the desired supplies or services, when and where a bid or proposal package may be obtained, any applicable restrictions on obtaining the package, when and where bids or responses must be submitted, the time and place of any bid opening, and any provisions required by law.
b. Where To Publish: Publication may include placement in a newspaper of general circulation, in trade publications, with professional organizations, in a governmental publication established to give public notices, with an appropriate internet website, or publication service, or similar placement.
c. When To Publish: Generally, the final publication of a notice should occur at least five (5) business days before the time when bids or proposals are due, or the time when bid or proposal packages will no longer be available. However, a procurement official may determine that shorter periods are appropriate to give adequate notice, and may shorten such period when appropriate.
3. Use Of Lists: The procurement official may determine to create and maintain lists for the purpose of giving notice. Any such list shall be created and maintained in a manner designed to effectively procure the desired supplies or services while providing adequate opportunity for the City to benefit from competition among bidders or proposers. A list may be designed to meet a particular procurement need, such as to assist with procuring small quantities of supplies on a regular basis, or to permit an immediate response to small construction needs. The procurement official shall determine an equitable manner in which persons will be placed on the list, notified of procurement opportunities, and removed from the list. The procurement official shall determine how long a list will be used, and whether to consult with the City Attorney's Office when creating it. Without limitation, lists may include the following:
a. Notice List: The procurement official shall specify what need will be met using the list. Any qualified person may be placed on the list upon request, and the procurement official may establish reasonable criteria and a reasonable process for determining who is qualified. The creation of the list may or may not be initially advertised. As the specified need arises, the City may give phone, fax, mail, computer or other notice to persons on the list on a rotating basis. The procurement official shall determine a reasonable number of persons to notify. The notified persons will submit a bid or proposal, and the City will award to the lowest bidder or best qualified offeror. The City may reevaluate the qualifications of any listed person at any time, and may at any time reject a listed person or a bid or proposal from that person if the procurement official decides such person is not qualified to meet the specified need.
b. Open Contracts List: The procurement official shall specify what needs will be met using the list, and may advertise to solicit a number of persons who are qualified to meet the needs. All or a fixed number of qualified respondents will be placed on the list. The procurement official may require that all listed persons enter an open contract governing any work to be performed in connection with the list. As the specified need arises, the City may give phone, fax, mail, computer or other notice to all persons on the list. All may submit a bid or proposal, and the City will award to the lowest bidder or best qualified offeror. The City may reevaluate the qualifications of any listed person at any time, and may at any time reject a listed person or a bid or proposal from that person if the procurement official decides such person is not qualified to meet the specified need.
4. Contacting Qualified Persons: In appropriate circumstances, the procurement official may ascertain a number of persons who are qualified to meet the City's needs, and the City shall obtain the best price or proposal from among them. The procurement official shall act in a reasonable and equitable manner to obtain appropriate competition. Appropriate circumstances under this subsection shall include, but not be limited to, the following:
b. Procurement to meet special needs where other forms of notice would not be likely to produce better competition, such as procuring services in a specialized industry where potentially qualified persons can be easily identified, or may need to be recruited.
c. Procurement where such notice would result in a cost savings to obtain a needed supply or service, and the City has reason to believe that additional notice would not be likely to enhance the cost savings because of matters such as fixed prices that are available to the City. Such matters may include procurement to meet the City's needs in connection with running tickets.
d. Procurement in connection with a procurement waiver or exemption.
D. Use Of Solicitation Materials: The procurement official may use solicitation materials in any manner that is beneficial to the City, including, but not limited to, the following:
1. Time Restrictions For Obtaining Materials: The City may determine a time when bid or proposal packages will be available, and a time when they will no longer be available.
2. Fees: The City may charge reasonable fees in connection with providing solicitation materials.
3. Modifying Materials: A bid or proposal package shall be modified by issuing a written addendum to all persons who obtained a copy of the package. Addenda must be delivered at least forty eight (48) hours in advance of the time for submitting bids or proposals, except when an addendum is issued solely to extend the time when submissions are due. The City may require persons submitting bids or proposals to sign to acknowledge their receipt of all addenda issued. When a solicitation does not make use of a bid or proposal package, the procurement official may determine reasonable and equitable methods for modifying other solicitation materials.
E. Other Solicitation Means: The procurement official may require any solicitation means that the procurement official deems appropriate. Such matters may include, without limitation, the following:
1. Presubmission Conferences: The City may hold a meeting prior to the time for submitting bids, proposals or other submissions to allow interested persons to discuss a solicitation. The City must notify all persons who obtained solicitation materials of the meeting, and hold it at least forty eight (48) hours before the time when submissions are due. Verbal or other statements will not change a bid or proposal package or other solicitation document except when the City modifies the document in question in writing by addendum to include such statement.
2. Securities: The City may require bonds, letters of credit or other financial arrangements to protect the City's interests. The Procurement Rules or the City's codes, rules or policies may make some securities mandatory.
F. Submission Requirements: Any submission in a procurement process shall be submitted in the manner specified by the City. Matters shall be submitted as follows:
1. What To Submit: Bids, proposals or other offers or submissions shall be submitted using the City's forms, if any, and shall contain all materials required by the City to be submitted with the bid, proposal or other submission. Digital or electronic signatures are acceptable signature methods for solicitation responses when provided in accordance with applicable sections of the Uniform Electronic Transactions Act as set forth in Utah Code Annotated title 46, chapter 4, or its successor provisions.
2. Delivery: If the City does not specify a particular delivery method, bids, proposals or other offers or submissions may be delivered by any method that provides the City with a complete, signed submission in a format designated by the solicitation instructions before the time of bid opening, or before the time when proposals or other offers or submissions are due.
3. Submission Deemed Agreement: Submission of a bid, proposal or other offer or submission constitutes the bidder's or offeror's agreement to all of the terms, conditions and provisions of the bid or proposal package, or other solicitation documents. By the submission of any bid, proposal or other offer or submission, the bidder or offeror represents that the matters stated therein are true and correct.
4. Confidentiality: Any person submitting information that the person believes may be maintained confidentially must comply with the Government Records Act. (2019 Compilation)