(A) General. The contract is to be awarded to the lowest responsible and responsive bidder whose bid meets the requirements and criteria set forth in the invitation for bids. The invitation for bids shall set forth the requirements and criteria which will be used to determine the lowest responsive and responsible bidder. No bid shall be evaluated for any requirements or criteria that are not disclosed in the invitation for bids. An invitation for bids, a request for proposals or other solicitation may be canceled, or any or all bids or proposals may be rejected, in whole or in part, when it is in the best interest of the purchasing agency, as determined by the purchasing agency. In the event of cancellation of the solicitation or rejection of all bids or proposals received in response to a solicitation, the reasons for cancellation or rejection shall be made a part of the bid file and shall be available for public inspection and the purchasing agency shall:
(1) Re-solicit new bids using the same or revised specifications; or
(2) Withdraw the requisition for supplies or services.
(B) Responsibility and responsiveness. Responsibility of prospective contractors is covered by responsibility and pre-qualification of these regulations.
(C) Product acceptability. The invitation for bids shall set forth the evaluation criteria to be used in determining product acceptability. It may require the submission of bid samples, descriptive literature, technical data or other material. It may also provide for:
(1) Inspection or testing of a product prior to award for such characteristics as quality or workmanship;
(2) Examination of such elements as appearance, finish, taste or feel; or
(3) Other examinations to determine whether it conforms with any other purchase description requirements. The acceptability evaluation is not conducted for the purpose of determining whether one bidder’s item is superior to another, but only to determine that a bidder’s offering is acceptable as set forth in the invitation for bids. Any bidder’s offering which does not meet the acceptability requirements shall be rejected.
(D) Determination of lowest bidder. Bids will be evaluated to determine overall economy for the intended use, in accordance with the evaluation criteria set forth in the invitation for bids. Examples of such criteria include, but are not limited to, transportation cost, energy cost, ownership and other identifiable costs or life-cycle cost formula. Evaluation factors need not be precise predictors of actual future costs, but to the extent possible such evaluation factors shall:
(1) Be reasonable estimates based on upon information the purchasing agency has available concerning future use; and
(2) Treat all bids equitably.
(E) Extension of time for bid or proposal acceptance. After opening bids or proposals, the Purchasing Agent may request bidders or offerors to extend the time during which their bids or proposals may be accepted; provided that, with regard to bids, no other change is permitted. The reasons for requesting such extension shall be documented.
(F) Only one bid or proposal received. If only one responsive bid is received in response to an invitation for bids (including multi-step bidding), an award may be made to the single bidder if the Purchasing Agent finds that the price submitted is fair and reasonable, and that either other prospective bidders had reasonable opportunity to respond, or there is not adequate time for re-solicitation. Otherwise, the bid may be rejected and:
(1) New bids or offers may be solicited;
(2) The proposed procurement may be canceled; or
(3) If the Purchasing Agent determines in writing that the need for the supply of service continues, but that the price of the one bid is not fair and reasonable and there is no time for re-solicitation or re-solicitation would likely be futile, the procurement may then be conducted under a sole source procurement or an emergency procurement as appropriate.
(G) Multiple or alternate bids or proposals. Unless multiple or alternate bids or offers are specifically provided for, the solicitation shall state they will not be accepted. When prohibited, the multiple or alternate bids or offers shall be rejected although a clearly indicated base bid shall be considered for award as though it were the only bid or offer submitted by the bidder or offeror. The provisions of this division (G) shall be set forth in the solicitation, and if multiple or alternate bids are allowed, it shall specify their treatment.
(Ord. 2020-04, passed 2-18-2020)