Except as hereinafter provided, purchases of supplies, materials, equipment, and letting of service contracts shall follow one of the following procedures:
1. Formal Bidding Procedure: Except as otherwise provided herein, purchases of supplies, materials, equipment, or contractual services of an estimated cost to the city greater than eighty thousand dollars ($80,000.00) shall be by written contract with the lowest responsible bidder pursuant to the procedure hereinafter prescribed.
1. Approval Of Specifications: Prior to seeking sealed bids for equipment or contractual services having a unit cost in excess of eighty thousand dollars ($80,000.00), the city council shall be required to authorize the commencement of the formal bidding procedure and to approve the specifications contained in the invitation to bid.
2. Invitation For Bids: An invitation for bids shall be prepared by or under the direction of the purchasing agent and shall include the following information:
1. A description of the goods or services to be purchased or the work to be performed;
2. A description of all contract terms, conditions, and bid requirements applicable to the goods or services to be purchased or work to be performed;
3. A list of the criteria that will be used to evaluate the bid and no criteria may be used in bid evaluation that are not set forth in the invitation for bids;
4. A statement that the city reserves the right to reject any and all bids for any reason without liability.
3. Notice Inviting Bids: Notice inviting sealed bids shall include a general description of the articles or services to be purchased, shall state where bid forms and specifications may be secured and the time and place for opening bids. All bid openings will occur after two o'clock (2:00) P.M. on the bid opening date.
1. Notices inviting sealed bids shall be published at least once in a newspaper of general circulation in the city at least ten (10) days before the date of the opening of the bids. Notices soliciting sealed bids from responsible prospective bidders shall also be mailed to interested qualified bidders who have requested their names to be included on a bidder's list for the type of articles or services to be purchased.
2. Notices advertising pending purchases shall also be posted in the city hall.
4. Correction Of Bids: The purchasing agent may permit correction or withdrawal of inadvertently erroneous bids in appropriate circumstances before or after bid opening. Mistakes discovered before bid opening may be modified or withdrawn by written, telegraphic or facsimile notice received in the office designated in the invitation for bids prior to the time set for bid opening. After bid opening, corrections in bids shall be permitted only to the extent that the bidder can show by clear and convincing evidence that a mistake of a nonjudgmental character was made, the nature of the mistake, and the bid price actually intended. After the bid opening, no changes in bid prices or other provisions of bids 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 purchasing agent.
5. Bid Opening Procedure: Sealed bids shall be submitted as designated in the notice with the statement "Bid for (Item)" on the envelope along with the bid number, time, and date submitted. Bids shall be opened by Duchesne City in public at the time and place stated in the public notice.
6. Rejection Of Bids: The city shall reserve the right to accept or reject all bids or any portion thereof in the interest of the city. If all bids are rejected, the city may readvertise for bids pursuant to the procedure described in this chapter. Where a bid exceeds available funds and time or economic considerations preclude resolicitation of work or purchase of a reduced scope or quantity, the purchasing agent may negotiate an adjustment of the bid price, including changes in the bid requirements, with the lowest responsible bidder, in order to bring the low bid within the amount of available funds.
7. Award Of Contracts: Bids shall be evaluated based on the requirements set forth in the invitation for bids, which may include criteria to determine acceptability such as inspection, testing, quality, workmanship, delivery, and suitability for a particular purpose. Contracts shall be awarded by the city council to the lowest responsible and responsive bidder whose bid meets the requirements and criteria set forth in the invitation for bids, unless otherwise provided for in this chapter.
8. Performance Bonds: Before entering into a contract, the city will require the awarded bidder to provide a performance and payment bond for one hundred percent (100%) of the service or project.
9. Preference For Local Contractor Or Vendor:
1. In awarding bids for public work or for the procurement of supplies or services, preference shall be given to local contractors or vendors unless such preference is prohibited by federal law or by the terms of a federal grant or loan, the proceeds of which are used to fund the public work or procurement of supplies and services.
2. If a low bid is submitted by a non preferred bidder, the bid may be awarded to a local contractor or vendor if the local contractor or vendor's bid is within five percent (5%) of the low nonpreferred bid, and if the local contractor agrees in writing, within seventy two (72) hours after notification that it is the qualified preferred bidder, to meet the low bid. Such notice shall contain the exact bid submitted by the non preferred bidder, and the purchasing agent shall enter into no contract until seventy two (72) hours have elapsed after notification to the local contractor or vendor.
3. In order to meet the above noted criteria, the local business must perform, at a minimum, thirty five percent (35%) of the total contract price. This number may be adjusted based on a specific project at the sole discretion of the city council.
2. Competitive Proposals Procedure: When the purchasing agent determines that the use of the formal bidding procedure is either not practicable or not advantageous to the city, a contract may be entered into by use of this competitive proposals procedure.
1. Request For Proposals: Competitive proposals shall be solicited through a request for proposals ("RFP").
2. Notice Inviting Proposals: Notice inviting proposals shall include a general description of the articles or services to be purchased, shall state where the RFP may be secured, and the time and place for opening proposals. All proposal openings will occur after two o'clock (2:00) P.M. on the proposal opening date.
1. Notices inviting proposals shall be published at least once in a newspaper of general circulation in the county at least ten (10) days before the date of the opening of the proposals. Notices soliciting proposals from responsible prospective offerors shall also be mailed to interested qualified offerors who have requested their names to be included on an offeror's list for the type of articles or services to be purchased.
2. Notices advertising pending purchases shall also be posted in the city hall.
3. Evaluation Criteria: In order to establish maximum practicable competition, the RFP shall state the relative importance of price and other evaluating criteria. No criteria may be used in an RFP that is not set forth in the RFP.
4. Receipt Of Proposals: Proposals shall be opened so as to avoid disclosure of the contents to competing offerors during the process of negotiation.
1. A register of proposals shall be prepared containing the name of each offeror, and a description sufficient to identify the item offered.
2. The register shall be open for public inspection after the contract is awarded.
5. Discussions With Offerors: As provided in the RFP, discussions may be conducted with responsible offerors who submit proposals for the purpose of assuring full understanding of, and responsiveness to, the solicitation requirements.
1. Responsible offerors shall be accorded fair and equal treatment with respect to any opportunity for discussion and revision of proposals, and revisions may be permitted prior to the award of the contract for the purpose of obtaining best and final offers.
2. In conducting discussions, there shall be no disclosure of any information derived from proposals submitted by competing offerors.
6. Award: Award shall be made to the responsible offeror whose proposal is determined in writing by the city council to be the most advantageous to the city, taking into consideration price and the evaluation criteria set forth in the RFP.
7. Cancellation And Rejection: Each RFP issued by the city shall state that the RFP may be canceled at any time and that any proposal may be rejected in whole or in part in the best interest of the city. Notice of cancellation shall be sent to all offerors that have responded to the RFP. Reasons for rejection shall be provided upon receiving a request from an unsuccessful offeror.
3. Professional Service Contract Procedure: Contracts for professional services shall be awarded at the discretion of the city council to include, but not be limited to, the following services: architectural, attorney, auditing, banking, engineering, or insurance.
Contracts shall be awarded at the discretion of the city council based on the evaluation of the professional qualifications, service ability, cost of service, and other criteria deemed applicable by the city council.
4. Public Improvements: Whenever the city council contemplates making any new improvements within the city, if the estimated cost of the improvements is less than the bid limit as that term is defined in section 11-39-101(1) of the Utah code, as amended, the city may make the improvement without calling for bids for making the same. If the estimated cost of the proposed improvement exceeds the bid limit, procedures will be followed as outlined in subsection A of this section. If after twice advertising as provided in subsection A3 of this section, no bid is received that is satisfactory, the city council may proceed under its own direction to make the improvements. (Ord. 16-3, 3-28-2016)