When submitting a bid or modification electronically, bidders must allow sufficient time to complete the online forms and upload documents. The solicitation will end at the closing time posted in the electronic system. If a bidder is in the middle of uploading a bid when the closing time arrives, the system will stop the process and the bid or modification to the bid will not be accepted. Utah Admin. Rules R33-6-105 (June 21, 2017) Bid opening and acceptance A “bidder” is a person who responds to an invitation for bids. A “responsible” bidder is one who is capable, in all respects, of meeting all the requirements of the invitation for bids and fully performing all the requirements of the resulting contract, including being financially solvent with sufficient financial resources to perform the contract. A “responsive” bid is one that conforms in all material respects to the invitation for bids. Utah Code § 63G-6a-103(5), (76), (77) (2018) Bids shall be opened publicly and in the presence of one or more witnesses, unless an electronic bid opening process is used where bidders may see the opening of the bid electronically, and at the time and place indicated in the invitation for bids. (A different process is used for bidding by reverse auction under Section 1.1012.) Bids shall be accepted unconditionally, without alteration or correction, except as otherwise authorized by District policies. The district Procurement Officer shall reject any bid that is not responsive or submitted by a bidder who is not responsible. Nonresponsive bids include those that are conditional, attempt to modify the bid requirements, contain additional terms or conditions, or fail to conform to the requirements or specifications of the invitation for bids. A bid that is submitted by a bidder who is not responsible includes any bid where the Procurement Officer reasonably concludes that the bidder or an employee, agent, or subcontractor of the bidder, at any tier, is unable to satisfactorily fulfill the bid requirements. The District may not accept a bid after the time for submission of a bid has expired except when the District determines that an error on the part of the District or its employee resulted in the bid not being received by the due date and time. The Procurement Officer shall record the name of each bidder and the amount of each bid and make that information available for public disclosure after the bid is awarded. Utah Code § 63G-6a-604 (2016) Utah Admin. Rules R33-6-105(4) (June 21, 2017) Correction or clarification of bids The Board of Education or its designee may allow a vendor to correct an immaterial error in a bid, as provided in Section 1.1010 and may also request a vendor to clarify information contained in a bid, as provided in Section 1.1010. However, a vendor may not change the total bid price after the bid opening and before a contract is awarded. (This does not apply to a change in the contract price during contract administration, as may otherwise be allowed under these policies.) The decision to permit such correction or clarification or to cancel an award or contract is final and conclusive unless it is arbitrary and capricious or clearly erroneous. Utah Code § 63G-6a-605 (2016) Utah Code § 63G-6a-1911(1) (2013) Withdrawal of bid A bidder may voluntarily withdraw a bid at any time before a contract is awarded with respect to the invitation for bids for which the bid was submitted provided the bidder is not engaged in any type of bid rigging, collusion or other anticompetitive practice made unlawful under other applicable law.
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