A. Generally: Bids, proposals, contracts and related matters may be evaluated using the criteria in this section.
B. City's Evaluation Process: When evaluating matters, the City shall consider the following:
1. Solicitation Criteria: The City shall consider the evaluation criteria stated in a bid or proposal package or other solicitation document.
2. Article Criteria: As further described in this section, the City shall consider whether a bid, proposal or other offer or submission is responsive to the City's request, whether the bidder or offeror is responsible, and whether any element conflicts with the other criteria of this section.
3. Due Diligence: Each procurement unit, department or division may take steps as it deems appropriate to verify and determine any matter. The procurement unit, department or division shall determine in its sole discretion what steps may be appropriate in light of the matters being considered and the resources of the unit, department or division. The failure to discover any matter shall not preclude any subsequent evaluation or action.
4. Consultation With Attorney: Procurement officials, procurement units, departments and divisions shall consult with the City Attorney's Office as needed when evaluating or determining any matter.
5. Records: In the manner it shall determine, each procurement unit shall retain in a procurement file records relevant to a solicitation or award.
6. Contract Management: The City may reevaluate any matter arising under a contract which is in conflict with its procurement, or with the Procurement Code or Rules. Any previous determination made by the City shall be subject to change by subsequently discovered matters.
C. Evaluating Responsiveness: To be responsive, a bid, proposal or other offer or submission must conform in all material respects to the terms of the City's solicitation documents. Such terms may include, but are not limited to, using bid forms, mandatory submittals, required securities and appropriate substantive responses. Ministerial errors and other matters in a bid, proposal or other offer or submission will not necessarily render it nonresponsive, and the procurement official shall review such matters and determine whether the submission is responsive.
D. Evaluating Responsibility: To be responsible, a bidder or offeror must have the capability in all respects to fully perform the contract requirements, and have the integrity, capacity and reliability which will assure good faith performance.
1. Factors: The City may consider any relevant factors when evaluating responsibility, including the following:
a. The person's capacity to perform the contractual requirements, including whether the person has available appropriate financial, material, equipment, facility and personnel resources and expertise, or the ability to obtain them. Without limitation, capacity may also include legal capacity to enter contracts, the ability to perform within required times, or the ability to perform any necessary future service and maintenance.
b. The person's ability, skill and quality of performance.
c. The person's character, integrity, reputation, judgment, experience and efficiency.
d. The person's ability to work cooperatively with the City, including, without limitation, whether the person has previously failed to comply with City contracts or other requirements, nonpayment of sums due to the City, poor working relationships with or adversarial actions against the City, suspension, debarment or other proceedings by the City against the person, or failure to assist the City in determining responsibility.
2. Making A Determination: The submission of any bid, proposal or other offer or submission constitutes an agreement by the bidder or offeror to reasonably assist the City with its determination of responsibility.
3. Effect Of Determination: The City's determination of responsibility relates solely to a person's overall ability to perform for a specific procurement, and is not a general assessment of a person's capabilities.
E. Evaluating Specific Matters: For any bid, proposal, other offer or submission:
1. Joint Ventures: A joint venture may submit a bid, proposal or other offer or submission if the circumstances of the joint venture are acceptable to the procurement official. The joint venture must obtain this determination before a contract may be signed.
2. Consultants: Persons who have provided services to the City in connection with a bid, proposal or other offer or submission, such as by preparing specifications or designs, performing surveying or testing, or any other function, may participate in a subsequent solicitation and award except when a procurement official determines it would not be in the City's interest. Such a determination and the written basis for decision will be placed in the procurement file.
3. Multiple Or Alternate Bids, Proposals Or Other Submissions: Multiple or alternate bids, proposals or other offer or submissions will not be considered or accepted unless they have been solicited. A base bid or proposal, when clearly indicated, shall be considered as though it were the only bid or proposal. Multiple or alternate bids may be solicited as provided in section 53-1A-7F of this article.
4. No Dependant Bids: Bid, proposal and other offer or submission materials and prices must stand alone and not be dependant on the submission of another person.
5. Tie Bids: Tie bids occur when identical prices are submitted from responsive and responsible bidders and that price is the low bid. The procurement official shall make an award in a manner that is beneficial to the City, and may make an award in a manner that will discourage tie bids. Such manners may include:
a. Award to the person that has a fixed office or distribution point within Salt Lake City boundaries, and a business license from the City stating a Salt Lake City address.
b. Award to the person who previously held the contract.
c. Award to the person with the earliest delivery date.
6. Only One Received: If the City receives only one responsive bid, proposal or other offer or submission, the City may make an award to that bidder or offeror if a procurement official determines the bid, proposal or other offer or submission is fair and reasonable and conforms to all applicable requirements, and that other prospective bidders or offerors had reasonable opportunity to respond or that there is not adequate time for a resolicitation. The written determination and basis for decision shall be placed in the procurement file. The City may also reject the sole bid, proposal or other offer or submission.
F. Inspections And Tests: The City may perform inspections, tests and other evaluations in any manner conducive to the City's interest, including, without limitation, the use of third parties. All prospective and actual recipients of a City contract shall provide all reasonable assistance and information required by the City to perform an inspection, test or other evaluation.
G. Modifying Submissions: After the time for submission, a bid, proposal or other offer or submission may be modified as follows:
1. Confirmation Of Bid, Proposal Or Other Matter: When it appears a mistake has been made, or when the City desires an assurance of any matter, the City may request a bidder or offeror to confirm the bid, proposal or other offer or submission in writing.
2. Notification Of Error: A bidder or offeror shall notify the procurement official of any error contained in a bid, proposal or other offer or submission within two (2) business days after bid opening or the time for submitting proposals unless the procurement official waives this requirement. The procurement official shall have sole discretion to determine whether to permit any modification or withdrawal.
3. Modifications By Agreement: A procurement official may agree with a bidder or offeror to any modifications so long as they do not prejudice fair competition or the City's interests. Modifications may include such matters as:
a. Time For Accepting: The procurement official and bidder or offeror may agree that a bid, proposal or other offer or submission will remain effective for a longer period of time than that stated in the bid, proposal or other offer or submission.
b. Subcontractor Or Supplier Changes: Any proposed change in subcontractors or suppliers must be submitted to the procurement official, and the procurement official may reject any such proposed change. The bidder or offeror will receive no additional compensation as a result of a change to any subcontractors or suppliers, and must continue to meet the requirements of any Federally mandated program and other contractual and legal requirements.
c. Change In Specifications: The procurement official and bidder or offeror may agree to a change in specifications when such change is in the City's interest, is reasonably related to the work originally solicited, and would not be prejudicial to fair competition.
4. City's Correction Of Ministerial Mistakes: A procurement official may at any time correct mistakes in a bid or proposal that are of a ministerial or minor nature as follows:
a. Ministerial Mistakes: Ministerial or minor informalities are clerical errors and matters of form rather than substance that are evident from the document, or insignificant mistakes or informalities that can be waived or corrected without prejudice to other bidders or offerors. They generally do not have a substantial effect on price. Examples include a failure to:
(1) Sign the bid, proposal or other submissions requiring signature, but only where they are accompanied by other materials indicating an intent to be bound.
(2) Acknowledge receipt of an addendum, but only if the materials demonstrate the bidder or offeror received the addendum and intended to be bound by it, or the addendum has a negligible effect on the bid, proposal or other offer or submission.
b. Mistakes Where Intent Is Evident: If the intent of the bid, proposal or other offer or submission is clearly evident on the face of the document, the procurement official shall correct it as intended and it may not be withdrawn. Examples include:
(1) Typographical errors.
(2) Errors in extending unit prices.
(3) Transposition errors.
(4) Arithmetical errors.
(5) Differences in written and numerical prices (written shall control).
c. Mistakes Where Intent Not Evident: If the bidder or offeror's intent is not clearly evident on the face of the document, the bid, proposal or other offer or submission may not be withdrawn except as agreed by the procurement official.
5. Correcting Errors In Judgment: Errors in judgment may not be corrected, and the bid, proposal or other offer or submission may not be withdrawn, except as agreed by the procurement official. The official may allow correction of an error in judgment if it can be done without prejudice to other bidders or offerors. The official may allow withdrawal if it is in the City's interest.
H. Evaluating Cost Or Price: The City may require the submission of any cost, price or value data, and may evaluate such data in any manner determined by a procurement official. Such evaluation may include an analysis of life cycle costs, market pricing, rebates or discounts, direct costs, indirect cost allocations, profit, billing and accounting techniques, price balance among bid or proposal items, or any other matters relating to cost, price or value. The City may take any of the following actions in connection therewith:
1. Reject Bid Or Proposal: The City may reject any unbalanced bid, proposal or offer. The City may also reject any bid, proposal or offer where cost, price or value data is not provided as reasonably requested, or where such data indicates conditions that are not in the City's interest.
2. Audit: At reasonable times and places, the City may audit or cause to be audited the books and records of any person submitting cost or price data to determine whether they are reasonable and accurate, and in compliance with any other requirements. (2019 Compilation)