Current through Register Vol. 48, No. 38, September 20, 2024
a)
Application
Competitive sealed bidding is the required method of source
selection except as allowed by the Code and this Part. The provisions of this
Section apply to every procurement required to be conducted by competitive
sealed bidding.
b) The
Invitation for Bids
1) Use. The Invitation for
Bids is used to initiate a competitive sealed bid procurement.
2) Content. The Invitation for Bids shall
include, at a minimum, the following:
A)
instructions and information to bidders concerning the bid submission
requirements, including the time and date set for receipt of bids, the address
of the office to which bids are to be delivered, and the maximum time for bid
acceptance by the State;
B) the
purchase description, evaluation factors, delivery or performance schedule, and
such inspection and acceptance requirements as are not included in the purchase
description; and
C) the contract
terms and conditions, including warranty and bonding or other security
requirements, as applicable.
3) Incorporation by Reference. The Invitation
for Bids may incorporate documents by reference provided that the Invitation
for Bids specifies where such documents can be obtained.
c) Bidding Time
Bidding time is the period of time between the date of notice
or distribution of the Invitation for Bids and the time and date set for
receipt of bids. In each case, bidding time will be set to provide bidders a
reasonable time to prepare their bids. A minimum of 14 days shall be provided
unless a shorter time is authorized by the Code or this Part.
d) Bidder Submissions
1) Bid Form. The Invitation for Bids may
include a form or format for submitting bids. If a form or format is specified,
vendor shall submit bids as instructed.
2) Bid Samples and Descriptive Literature
A) Bid samples or descriptive literature may
be required when it is necessary to evaluate required characteristics of the
items bid.
B) Unsolicited bid
samples or descriptive literature is submitted at the bidder's risk, may not be
examined or tested, will not be deemed to vary any of the provisions of the
Invitation for Bids, and may not be utilized by the vendor to contest a
decision or understanding with the State.
e) Public Notice
1) Publication. Every procurement for
supplies and services in excess of the small purchase amount that must be
procured using an Invitation for Bids shall be publicized in the Bulletin (see
Section
2000.1510
).
2) Public Availability. A copy
of the Invitation for Bids shall be made available for public
inspection.
3) Distribution.
Invitations for Bids or Notices of the Availability of Invitations for Bids may
be mailed or otherwise furnished to a sufficient number of bidders for the
purpose of securing competition. Notices of Availability shall, at a minimum,
indicate where Invitations for Bids may be obtained; generally describe what is
needed; and indicate the due date for bids. Where appropriate, the Procurement
Officer may require payment of a fee or a deposit for supplying the Invitation
for Bids.
f) Pre-Bid
Conference
A pre-bid conference may be conducted to enhance
understanding of the procurement requirements. The pre-bid conference shall be
announced as a part of the Invitation for Bids notice. The conference may be
designated as "attendance mandatory" or "attendance optional". The conference
should be held long enough after the Invitation for Bids has been issued to
allow bidders to become familiar with it, but sufficiently before bid opening
to allow consideration of the conference results in preparing their bids.
Nothing stated at the pre-bid conference shall change the Invitation for Bids
unless a change is made by written modification to the Invitation for Bids.
Amendments shall be supplied to all those prospective bidders known to have
received an Invitation for Bids. If the conference is mandatory, the amendment
shall be supplied to attendees only.
g) Amendments to Invitations for Bids
1) Form. Amendments to Invitations for Bids
shall be clearly identified and shall reference the portion of the IFB it
amends.
2) Distribution. Amendments
shall be made available to all prospective bidders known to have received an
Invitation for Bids.
3) Timeliness.
Amendments shall be made available within a reasonable time to allow
prospective bidders to consider them in preparing their bids. If the time and
date set for receipt of bids will not permit such preparation, the amendment
shall extend the response time. If necessary, the response time may be extended
by fax or telephone and confirmed in the amendment.
h) Pre-Opening Modification or Withdrawal of
Bids
1) Procedure. Bids may be modified or
withdrawn by written notice received in the office designated in the Invitation
for Bids prior to the time and date set for bid opening.
2) Disposition of Bid Security. If a bid is
withdrawn in accordance with this Section, the bid security, if any, shall be
returned to the bidder.
3) Records.
All documents relating to the modification or withdrawal of bids shall be made
a part of the appropriate procurement file.
i) Receipt, Opening and Recording of Bids
1) Receipt. Upon its receipt, each bid and
modification shall be time-stamped but not opened and shall be stored in a
secure place until the time and date set for bid opening. If a bid is opened in
error, the file shall so state.
2)
Opening and Recording
A) Bids and
modifications shall be opened publicly at the time, date, and place designated
in the Invitation for Bids. Opening shall be witnessed by a State employee or
any other person present, but the person opening bids shall not serve as
witness. The name of each bidder, the bid price, and such other information as
is deemed appropriate by the Procurement Officer, shall be recorded and the
name of each bidder read aloud or otherwise made available. The name of the
witness shall also be recorded at the opening.
B) The winning bid shall be available for
public inspection after award, along with the record of each unsuccessful
bid.
3) Confidential
Data. The SPO shall examine the bids to determine the validity of any requests
for nondisclosure of trade secrets and other proprietary data identified in
writing. If the parties do not agree as to the disclosure of data or other
information, the bid shall be rejected as nonresponsive.
j) Bid Evaluation and Award
1) 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, except as permitted in the
Code and this Part. The Invitation for Bids shall set forth the requirements
and criteria that will be used to determine the lowest responsive bidder. No
bid shall be evaluated for any requirements or criteria that are not disclosed
in the Invitation for Bids.
2)
Responsibility. Responsibility of prospective vendors is covered by Section
2000.2046(Responsibility).
3) Responsiveness. A bid must conform in all
material respects to the Invitation for Bids.
A) Product or Service Acceptability. The
Invitation for Bids shall set forth any evaluation criteria to be used in
determining product or service acceptability. It may require the submission of
bid samples, descriptive literature, technical data, references, licenses, or
other information or material. It may also provide for accomplishing any of the
following prior to award:
i) inspection or
testing of a product or service prior to award for such characteristics as
quality or workmanship;
ii)
examination of such elements as appearance, finish, taste, or feel;
iii) other examinations to determine whether
it conforms with any other purchase description requirements.
B) The acceptability evaluation is
not conducted for the purpose of determining whether one bidder's product or
service capability 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 that does not meet the acceptability requirements shall be
rejected.
4)
Determination of Lowest Bidder. Following determination of product or service
acceptability as set forth in this subsection (j), bids will be evaluated to
determine which bidder offers the lowest cost to the State in accordance with
the evaluation criteria set forth in the Invitation for Bids. Only objectively
measurable criteria that are set forth in the Invitation for Bids shall be
applied in determining the lowest bidder. Examples of such criteria include,
but are not limited to, transportation cost and ownership or life-cycle cost
formulas. Evaluation factors need not be precise predictors of actual future
costs, but to the extent possible such evaluation factors shall be reasonable
estimates based upon information the State has available concerning future use
and shall provide for the equitable treatment of all bids. Pricing for optional
supplies or services, or for renewal terms, may be considered, particularly
when the pricing for such items or terms is unbalanced when compared to other
pricing in the bid.
5) Price
Negotiation. Negotiations are permitted with the low bidder to obtain a lower
price for the item bid.
k) Documentation of Award
Following award, a record showing the successful bidder shall
be made a part of the procurement file.
l) Award to Other Than Low Bidder
1) The Procurement Officer, but not a
designee, may award to other than the lowest responsible and responsive bidder
upon a written determination that award to another bidder is in the State's
best interest. The written explanation must be published in the appropriate
volume of the Bulletin.
2) This
action may be appropriate when the difference in quality or speed of delivery
is so great as compared to the difference in price, and considering the needs
of the agency, that a best value award is justified. However, if the difference
in price is significant, the Procurement Officer may not utilize this
provision.
3) The explanation must
include:
A) a description of the SOS's
needs;
B) a determination that the
anticipated cost will be fair and reasonable;
C) a listing of all reasonable and responsive
bidders; and
D) the name of the
bidder selected, pricing, and the reasons for selecting that bidder.
4) The explanation shall be filed
with the Legislative Audit Commission and the SOS PPB.
m) Publicizing Award
The successful bidder shall be notified of award and the
notification may be in the form of a letter, purchase order or other clear
communication. In procurements over the small purchase limit set in Section
2000.2020 (Small
Purchases), notice of award shall be published in the
Bulletin.
