3.02.130 Request for proposals.
A. If it is determined that the appropriate formal bidding process is a request for proposal, the procedures shall be followed under the supervision of the procurement officer. The procurement officer shall prepare a request for proposal package.
B. Specifications. Specifications for the requirement shall be prepared by or under direction of the procurement officer and attached to the request for proposal package.
C. Solicitation. Prior to soliciting proposals, the procurement officer shall ensure that the request for proposal:
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 proposal;
3. States where additional information may be obtained;
4. Sets forth the city’s terms and conditions; and
5. Sets forth the proposal opening date.
D. Notice. For expenditures greater than fifty thousand dollars, the request for proposals shall be advertised at least ten days prior to the proposal due date on the city website and the city’s procurement platform.
E. Amending Request for Proposal. The request for proposals may be amended, supplemented, or canceled at any time prior to the specified due date 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 request for proposal shall be in writing and shall be made a part of the city’s records.
F. Presubmission Conferences. The city may hold a meeting prior to the time of opening proposals 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 proposal submissions are due. Verbal or other statements will not change a request for proposal except when the city modifies the document in question in writing by addendum to include such statement.
G. Opening Proposals. The proposals shall be opened by the procurement officer as soon as possible after the specified due date. A public opening is not required. Altering received proposals after opening is prohibited.
H. Recording Proposals. The amount of each proposal 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 proposals are opened.
I. Evaluating Proposals. Proposals shall be evaluated within a reasonable amount of time by an evaluation committee, comprised of a minimum of three members to include the department head and two or more qualified Midvale City employees, to determine the responsive responsible bidder. The procurement officer will facilitate the evaluation of the proposals based on one or more of the objective measurable criteria as set forth in the request for proposals as follows:
1. Price. The total price of the proposal.
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.
J. Cancellation and Rejection of Proposals. The city reserves the right to cancel a request for proposals or to reject any or all proposals 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 proposals are rejected, and the city determines to procure the goods or service, it shall advertise anew as provided herein. If, after twice advertising, no satisfactory proposal is received, the city council may proceed to negotiate or procure the goods or service or enter such other agreements as it deems necessary or desirable.
K. Determination. The procurement officer shall award the contract to the responsive responsible bidder. If only one quote is received, the bidder may be required to furnish a detailed cost proposal for review and the bid award may be subject to subsequent negotiation. All information relating to the proposals obtained and the selection of the lowest responsive responsible bidder shall be retained by the city in accordance with the applicable records law. All expenditures greater than fifty thousand dollars must be approved in writing by the city manager. Contracts of one hundred thousand dollars or more must be approved by the city council.
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. (Ord. 2023-02 § 1 (Exh. A); Ord. 2018-12 § 1 (Exh. A (part)); Ord. 2014-07 § 1 (Exh. A (part)); Ord. 8/10/2010O-6 § 1 (Exh. A (part)); Ord. 2/16/2010O-2 § 1 (Exh. A (part)); Ord. 4/21/2009O-7 § 1 (Exh. A (part)); Ord. 10/02/2007O-14 § 1 (Exh. A)(2.7.212); Ord. 1/20/2004O-15 (part). Formerly 2.28.310)