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302: Competitive Sealed Bidding (IFB Process)

Purchases of goods and services in the aggregate amount of $50,000 and over shall be awarded by a process of competitive sealed bidding.

302.1 The Invitation for Bid

The Invitation for Bid shall include the following:

Instructions and information to bidders concerning the bid submission requirements, including time and date for receipt of bids, the address of the office to which they are to be delivered, and any other information.

The purchase description, evaluation factors, delivery or performance schedule, and such inspection and acceptance requirements.

The contractual terms and conditions, including warranty and bonding or other security requirements applicable to the procurement.

302.2 Bidding Time

The bidding time is the period of time between the date of distribution of the Invitation for Bids and the time and date for receipt of bids.

In each case a bidding time shall be set that affords bidders a reasonable time to prepare the bids. A minimum of 14 calendar days shall be provided unless a shorter time is deemed necessary for a particular procurement as determined in writing by the Purchasing Manager.

302.3 Bidder Submissions

The Invitation for Bids shall provide a form or format which the bidder shall include the bid price and in which the bidder shall sign and submit with all other necessary submissions. Telegraphic, telephone and Facsimile transmissions are not acceptable for sealed bidding purposes.

302.4 Public Notice

Adequate public notice of the Invitation for Bid or notices of the availability of the Invitation for Bid shall be mailed or otherwise furnished to a sufficient number of bidders for the purpose of securing competition. Advertisement in a general publication newspaper with a local circulation may be used for sealed competitive bidding. When the bid list is not sufficient to maximize competition, the determination not to advertise shall be made by the Purchasing Manager.

302.5 Bidders Lists

The Purchasing Department shall compile a list of bidders that express interest in providing products or services to the District. Bidders that fail to respond to Invitations for Bid on three consecutive procurements of similar items may be removed from the bidders list.

Prospective bidders currently meeting criteria for inclusion on the list may be reinstated at their request. Names and addresses on the bidders lists shall be available for public inspection, provided these lists are not used for private promotional commercial or marketing purposes.

302.6 Pre-Bid Conferences

Pre-bid meetings may be conducted to explain the procurement requirements. They shall be announced to all prospective bidders known to have received an Invitation for Bid. The conference shall be held long enough after the announcement has been issued to allow bidders to become familiar with the document, but sufficiently before bid opening to allow consideration of the conference results in preparing their bid.

Generally the receipt of bids will be no sooner than seven calendar days after the pre-bid conference. Any exceptions must be granted in writing by the Purchasing Manager. Nothing stated at the conference shall change the Invitation for Bid unless a change is made by written amendment.

302.7 Amendments to Invitations for Bid

Amendments to Invitations for Bid shall be identified as such and shall require that the bidder acknowledge receipt of all amendments issued. The amendment shall reference the part of the Invitation for Bid that it amends.

All addenda shall be identified as such and shall be sent to all bidders that have acknowledged receipt of the bid. The addendum shall require that the bidder acknowledge the receipt of the addendum.

Addenda shall be issued within a reasonable amount of time for potential bidders to consider them in the preparation of their bids. If the time and date set do not permit sufficient time for bid preparation, the date and time of the bid opening shall be extended either in the addendum or by telephone, fax or telegram.

302.8 Withdrawal and Modification of Bids

A bidder may modify or withdraw its bid at any time before bid opening if the modification or withdrawal is received before the time and date set for bid opening in the location designated in the Invitation for Bid for receipt of bids.

All documentation relating to a withdrawal or modification of a bid shall be kept as part of the procurement file.

302.9 Late Bids

A bid, withdrawal of a bid, or modification of a bid is late if it is received at the designated location of the bid opening after the time and date of bid opening.

A late bid, late withdrawal of a bid, or late modification of a bid shall be rejected. Bidders submitting bids that are rejected as late shall be notified as soon as practical.

All documents concerning a late bid shall be retained in the procurement file.

302.10 Receipt of Bids

Bids and bid modifications shall be received by appropriate staff, marked with the date and time of receipt and stored unopened in a secure location, until the bid opening.

Bids shall be opened publicly at the time, date, and location advertised in the bid document. The name of each bidder, the bid price, and other pertinent information shall be read aloud and recorded. A bid abstract shall be made available to the public for review.

302.11 Inspection of Bids

Only after formal award of the bid, shall the bids be made available for public inspection. Information deemed proprietary in nature by the bidder and approved as such by the Purchasing Manager, shall not be included in the materials available for public inspection.

302.12 Mistakes and Informalities in Bids

Mistakes in bids may be corrected by modification or withdrawal as outlined in sections above, if discovered prior to the bid opening. After bid opening, a bid submitted in error of judgment, may not be corrected. A bid may be withdrawn pursuant to the following sections:

Minor informalities in a bid may be waived if the Purchasing Manager deems it advantageous to the District.

A bid may be withdrawn after bid opening only if the mistake is clearly evident to the Purchasing Manager or if the bidder establishes evidence clearly showing a mistake was made.

Mistakes shall not be corrected after award of the bid.

Any withdrawals or corrections to a bid permitted or denied after the bid opening shall have a written determination that is included in the procurement file.

302.13 Bid Evaluation and Award

The bid shall be awarded to the lowest responsive and responsible bidder whose bid meets, in all material respects, the requirements and criteria as defined in the Invitation for Bid. The amount of any applicable transaction privilege or use tax is not a factor in determining the lowest bidder.

Bids shall be evaluated to determined which bidder offers the lowest cost to the District in accordance to the criteria as defined in the Invitation for Bid. Only objectively measurable criteria shall be applied in determining the lowest cost to the District.

A contract may not be awarded to a bidder submitting a higher quality item than designated in the bid document unless the bidder is also the lowest bidder as determined by the criteria outlined above.

302.14 Tie Bids

Tie bids are defined as instances of identical pricing from responsible bidders that meet all requirements as set forth in the bid documents. Tie bids may be awarded by drawing lots or any other random choice manner. Care shall be taken by the buyer to ascertain that the tie bidders meet all requirements as outlined in the bid document before declaring a tie bid situation.

Records and methods of determining the successful bidder shall be maintained in the procurement file for all tie or apparent tie bids.

302.15 Single Bids

In instances of only one bid being received, a determination must be made by the Purchasing Manager that the price submitted is fair and reasonable and that other prospective bidders had time to respond or that re-solicitation is not possible due to time constraints. In those instances, an award may be made.

If it is determined in writing by the Purchasing Manager that the need for the product or service continues and that the acceptance of the sole bid is not advantageous to the District, then the procurement may be conducted in a manner as defined by the Purchasing Manager.

8/1/01

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11-oct-04 disclaimerfeedback
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