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Table: Procurement Summary
A. Small Purchases.
1. The City’s policy and procedure governing purchases under $25,000 is as follows:
a. Before making a purchase less than $1,000, the Department Head responsible for purchase shall use means which are reasonable under the circumstances to assure that the City is getting good value and a reasonable price.
b. A purchase of goods or services greater than $1,000 but not exceeding $25,000 shall be awarded after solicitation of price quotes from enough prospective vendors to reasonably ensure that the City received a competitive price, unless an exempt expenditure process in 2-1-6.C is followed. Solicitations may be made electronically or in writing. The Purchasing Agent or Department Head shall evaluate the quotes received to determine the lowest responsible and responsive quote. Such quotes shall be recorded and kept by the City.
c. It is unlawful for a person to intentionally or knowingly divide a procurement into small procurements with the intent to make the procurement qualify as a small purchase or meet the small purchase threshold of $25,000.
d. Purchases for construction, job order contracting, design professional services, other professional services, information technology, and goods may not exceed an annual cumulative threshold of $25,000 from the same source, unless the Chief Procurement Officer gives written authorization to exceed the threshold that includes the reasons for exceeding the threshold.
B. Large Purchases.
1. The City’s policy and procedure governing purchases of $25,000 and over is as follows:
a. A purchase of goods or services $25,000 or over shall be awarded with a bidding procedure, unless an exempt expenditure process in 2-1-6.C is followed.
2. Bidding Procedures.
a. Type of Purchases and Bid Limits. The following purchases and bid limits require bidding procedures:
i. capital equipment purchases estimated to cost $25,000 or more; and
ii. building improvement or public works projects estimated to cost $25,000 or more.
b. Plans and Specifications. The City shall cause plans and specifications to be prepared and approved prior to any Invitation for Bids.
c. Invitation for Bids. An Invitation for Bids shall be prepared by the City and shall include:
i. a description of the goods or services to be purchased or work to be performed;
ii. contract terms, conditions and bond requirements applicable to the purchase or work;
iii. the criteria that will be used to evaluate the bid;
iv. notification of the location where plans, specifications and other information may be obtained;
v. the time and place of the bid opening; and
vi. the right of the City to reject any and all bids.
d. Publication. Public notice of an invitation for bids shall follow applicable state law.
e. Amendment. The City may amend, supplement, or cancel an Invitation for Bids at any time prior to the opening of the bids when deemed in the best interest of the City.
f. Submission. All bids received by the City shall be received according to the instructions in the Invitation for Bid. The bids shall not be opened or reviewed prior to the time set for opening of the bids, except as provided in subsection 2-1-6.B.2.g.
g. Correction or Withdrawal of Bids. The City may permit correction or withdrawal of bids prior to any bid opening. After bid opening, no changes in bid prices may be permitted. However, the City, in its discretion and upon a showing of hardship by the bidder, may allow the withdrawal of a bid containing a substantial error. Any decision to permit the correction or withdrawal of bids shall be supported, in writing, by the City.
h. Opening Bids. Bids shall be opened in public and in the presence of one or more documented witnesses at the time and place designated in the Invitation for Bids. Bids shall be opened by the Chief Procurement Officer or designee.
i. Recording Bids. The total amount of each bid and the name of the bidder shall be read aloud as the bids are opened, and such information shall be recorded and open to public inspection.
j. Evaluating Bids. At the time of opening, the bids shall be briefly reviewed by the City to determine the apparent lowest responsible and responsive bidder based on the criteria set forth in the Invitation for Bids. Bids shall thereafter be fully evaluated within a reasonable time by the Purchasing Agent or designee to determine the lowest responsive and responsible bidder, whose bid or quote conforms in all material aspects to the bid specifications, and who has the capacity in all respects to perform in full the contract or purchase order requirements in a timely manner. The Purchasing Agent or designee may not use criteria not described in the Invitation for Bids to evaluate a bid.
k. Determination. The City may request additional information with respect to the responsibility of a bidder. The unreasonable failure of a bidder to promptly supply information or proof regarding responsibility may be grounds for a determination of non-responsibility or non-responsiveness of the bidder.
l. Award. Following full evaluation of the bids, the City Council may accept, reject, or modify the determination and thereupon award the contract or reject any and all bids.
m. Tie Bids. If two or more bids received are for the same total amount or unit price, quality and service being equal, and if the public interest will not permit the delay of re-soliciting bids, the Chief Procurement Officer or designee shall resolve a tie bid using the following considerations:
i. bidder closest to the point of delivery;
ii. bidder who received the previous award;
iii. bidder who will provide the earliest delivery date; or
iv. by drawing lots.
n. Single Bids. In the event only one bid is received, the Purchasing Agent shall determine whether it is in the best interests of the City to re-solicit for additional bids or proceed with a procurement award using the single bid received.
o. No Bids or Proposals. In the event no bids or proposals are received, the Purchasing Agent shall determine whether the delay of re-soliciting bids or proposals will be detrimental to the public interest. If a delay in re-soliciting bids or proposals will be detrimental to the public interest, the Purchasing Agent may purchase the supplies or services with as much competition as practicable under the circumstances.
p. Dividing the Cost of a Construction Project. The cost of a construction project may not be divided to avoid exceeding the bid limit. However, the cost of a construction project that exceeds the bid limit may be divided if the selection procedures comply with the requirements of this chapter with respect to each part of the construction project that results from dividing the cost.
q. Exceptions. Any exceptions to the procedures set forth in this section must be in the best interest of the City and must have prior written approval of the Chief Procurement Officer or designee.
C. Exemptions from Small and Large Purchases.
1. The following expenditures are exempt from the small and large purchases procedures of this chapter, but shall be made with as much competition as practical under the circumstances:
a. Procurement under City, County, State, or Federal Contracts or Pre-Qualified Lists. An expenditure for which requests for qualifications, competitive bidding or price negotiation according to a procedure comparable to the City’s process has already occurred at the City, county, state or federal level.
b. Service Contracts and Professional Services. Service contracts and professional services, but not design professional services, are expenditures that, by their nature, are not reasonably adapted to award by competitive bidding. The Chief Procurement Officer or designee shall award service contracts and professional services contracts based on the Chief Procurement Officer’s evaluation of the provider’s professional qualifications, service ability, experience, cost of services, and other applicable criteria as may be established. A Request for Proposal or Request for Qualifications may be used to make such a determination. Prior to entering into a service or professional services contract, the Chief Procurement Officer shall determine that it is within the best interest of the City to do so, and that as many providers as practical have been considered for the service. Once a service or professional services contract has been issued, any periodic payments do not require additional approval from the Chief Procurement Officer, provided the contract payments have been properly budgeted. A department may proceed with a service contract or the purchase of professional services according to the terms and conditions of an existing City contract.
i. Request for Proposals.
1. Form. When the City is unsure of what procurement item is required or the abilities of various providers, the Chief Procurement Officer or Purchasing Agent may prepare a Request for Proposals, which shall include such specifications as are known and the various skills and qualifications needed, to be used to obtain a procurement item.
2. Evaluating Proposals. Proposals shall be evaluated within a reasonable time by an evaluation committee comprised of at least three city employees to determine which proposal provides the best value to the City. The committee shall evaluate each responsive and responsible proposal, which proposal conforms in all material aspects to the proposal specifications, and which demonstrates the proposal has the capacity in all respects to perform in full the contract or purchase order requirements in a timely manner. Evaluation criteria for a proposal may include items such as experience, qualifications, approach to the project, references, management plans, schedule of delivery, cost, and other subjective or objective criteria. At any time during the evaluation process, the evaluation committee may request additional information from a proposer or proposers, including oral interviews or presentations. Criteria not described in the Request for Proposals may not be used to evaluate a proposal. See section 2-1-14 for soliciting design professional services using a Request for Proposals or Requests for Qualifications.
c. Sole Source. Expenditures for goods or services which, by their nature, are not reasonably adapted to award by competitive bidding, including goods or services which can be purchased only from one source; contracts for additions to and repair and maintenance of equipment already owned by the City which may be more efficiently added to, repaired or maintained by a certain person or firm; and equipment which, by reason of the training of City personnel or an inventory of replacement parts, is compatible with the existing equipment owned by the City. Prior to any expenditure under this subsection, the Chief Procurement Officer shall determine, in writing, that the requirements of this subsection have been satisfied.
d. Interlocal Agreement: An expenditure made in conjunction with an interlocal agreement between the City and another governmental entity in compliance with the Interlocal Cooperation Act, Utah Code Title 11, Chapter 13.
e. Emergency Procurement. The existence of an emergency condition may create an immediate and serious need for supplies, services, repairs, or construction that cannot be met through normal procurement methods and policy. An emergency procurement of supplies, services, repairs, or construction shall be made using as much competition as practical under the circumstances. Emergency procurement shall be limited to only those supplies, services, repairs, or construction necessary to mitigate the emergency. Following an emergency expenditure, and as soon as practicable, a purchase order shall be submitted by the department for which the emergency purchase was made. Such purchase orders shall be treated as regular purchase orders and shall require the appropriate approval signatures as stated in this chapter. (Ord. 2020-01, 4-14-2020)