3.02.120 Invitation for bid.
A. If it is determined that the appropriate formal bidding process is an invitation for bid, the procedures shall be followed under the supervision of the procurement officer.
B. Specifications. Specifications for the requirement shall be prepared by or under direction of the procurement officer and attached to the bid package.
C. Solicitation. Prior to soliciting bids, the procurement officer shall ensure that an invitation for bid:
1. Sets forth all contract terms, conditions and bond requirements applicable to the purchase or work;
2. Sets forth the criteria that will be used to evaluate the bid;
3. States where plans, specifications and other information may be obtained;
4. States the time and place of the bid opening; and
5. Sets forth the city’s terms and conditions.
D. Notice. All invitation for bids shall be advertised at least ten days prior to the bid due date on the city website and the city’s procurement platform.
E. Amending Invitation. The invitation for bid may be amended, supplemented, or canceled at any time prior to the opening of bids when the procurement officer determines that such action is in the best interest of the city. The reasons for the amendment or cancellation of the solicitation shall be in writing and shall be made a part of the city’s records.
F. Sealed Bids. All bid submissions shall be through the city’s procurement platform and shall be sealed until the close date set in each solicitation. All bids shall be opened by the procurement officer after the close date in the city’s procurement platform.
G. Correction of Bids. The procurement officer shall permit correction or withdrawal of inadvertently erroneous bids in appropriate circumstances; provided, that no changes in bid prices or other provisions of bids which are prejudicial to the interest of the city or fair competition shall be permitted. Any decision to permit the correction or withdrawal of bids shall be supported by a written determination prepared by the procurement officer.
H. Pre-Bid Conferences. The city may hold a meeting prior to the time of opening bids 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 hours prior to the time bid package submissions are due. Verbal or other statements will not change an invitation for bid except when the city modifies the document in question in writing by addendum to include such statement.
I. Recording Bids. The amount of each bid and the name of the bidder shall be recorded and open to public inspection during regular business hours for a period of not less than thirty days after the bid opening.
J. Evaluating Bids. The bids shall be evaluated within a reasonable time by the department head, procurement officer, and a third Midvale City employee, to determine the responsive responsible bidder based upon one or more of the following objectively measurable criteria as set forth in the invitation for bids:
1. Price. The total price of the bid.
2. Quality. The overall quality of the goods or work to be provided and/or the ability, capacity and skill of the bidder to provide any services or work required.
3. Conditions. The number and scope of any conditions or qualifications set forth in the bid.
4. Time. The time limit within which the bidder shall provide the goods, services, or work.
5. Reputation. The character, integrity, reputation, judgment, experience, and efficiency of the bidder and the quality of previous goods, services, or work obtained from the bidder.
6. Compliance. The previous and existing compliance by the bidder with laws and ordinances relating to the goods, services or work.
7. Financial Resources. The sufficiency of the financial resources and ability of the bidder to provide the goods, services, or work.
8. Future Service. The ability of the bidder to provide future maintenance and service and the local availability of parts, materials, etc.
9. Local Bidder. When possible, preference shall be given to local bidders.
K. Cancellation and Rejection of Bids. The city reserves the right to cancel an invitation for bids or to reject any or all bids for any reason. Such cancellation or rejection shall be in writing and shall be made part of the city’s records. In the event all bids are rejected, and the city determines to make the improvement or purchase, it shall advertise anew as provided herein. If, after twice advertising, no satisfactory bid is received, the city council may proceed to negotiate or make the improvement or acquisition or enter such other agreements as it deems necessary or desirable.
L. Inspections and Tests. The city may perform inspections, tests, and other evaluations in any manner conducive to the city’s interests, including the use of third parties. All prospective and actual recipients of a bid or agreement shall provide all reasonable assistance and information required by the city to perform an inspection, test, or evaluation.
M. Tie Bids. If two or more bids or quotes received are for the same total amount or unit prices, quality and service being equal, and if the public interest will not permit the delay of resoliciting bids, the procurement officer shall resolve a tie bid by:
1. Favoring the bidder closest to the point of delivery;
2. Favoring the bidder who received the previous similar award;
3. Favoring the bidder who will provide the earliest delivery date;
4. Drawing lots; or
5. Any other reasonable method.
6. The city reserves the right to negotiate with the tie bidders after the time of bid opening until the responsive responsible bidder is obtained.
N. Single Bids. In the event that only one bid is received, the procurement officer shall determine whether it is in the best interest of the city to resolicit for additional bids or proceed with the award utilizing the single bid received. The department head and/or procurement officer shall conduct due diligence to ensure specifications are correct or need modifying to receive multiple bids in case of resolicitation.
O. No Bid(s) or Proposal(s). In the event that no bids or proposals are received, the procurement officer shall determine whether the delay of resolicitation bids or proposals will be detrimental to the public interest. If a delay in resoliciting bids or proposals would be detrimental to the public interest, the procurement officer may purchase the supplies or services without obtaining quotes or proposals, but with as much competition as practicable under the circumstances.
P. Records. All information relating to the selection of the responsive responsible bidder shall be retained by the city in accordance with the applicable records law.
Q. Bonds. Bid performance and/or payment bonds may be required in conjunction with any bid or contract entered hereunder in such form and amounts as required by law and by the city council as reasonably necessary to protect the best interest of the city.
R. Responsibility of Bidder. The procurement officer may request additional information with respect to the responsibility of a bidder. The failure of a bidder to promptly supply information in connection with a request of the procurement officer regarding responsibility shall be grounds for a determination of nonresponsibility and/or nonresponsiveness of the bidder. (Ord. 2023-02 § 1 (Exh. A); Ord. 2018-12 § 1 (Exh. A (part)))