the bid was submitted, would have caused the bid to be rejected. Upon rejection, the Board of Education or the Procurement Officer shall make a written finding stating the reasons for rejection and provide a copy of that finding to the bidder who submitted the rejected bid. If the District cancels an invitation for bids without awarding a contract, the District shall make available for public inspection a written justification for the cancellation. Utah Code § 63G-6a-606(4), (5) (2017) Any bid that fails to conform to the essential requirements of the invitation for bids shall be rejected. Any bid that does not conform to the applicable specifications shall be rejected unless the invitation for bids authorized the submission of alternate bids and the procurement item(s) offered as alternates meet the requirements specified in the solicitation. Any bid that fails to conform to the delivery schedule or permissible alternates stated in the invitation for bids shall be rejected. A bid shall be rejected when the bidder imposes conditions or takes exceptions that would modify requirements or terms and conditions of the invitation for bids or limit the bidder’s liability to the procurement, since to allow the bidder to impose such conditions or take exceptions would be prejudicial to other bidders. For example, bids shall be rejected in which the bidder: 1. for commodities, protects against future changes in conditions, such as increased costs, if total possible costs to the District cannot be determined; 2. fails to state a price and indicates that price shall be the price in effect at time of delivery or states a price but qualifies it as being subject to price in effect at time of delivery; 3. when not authorized by the invitation for bids, conditions or qualifies a bid by stipulating that it is to be considered only if, before date of award, the bidder receives (or does not receive) an award under a separate solicitation; 4. requires that the District is to determine that the bidder’s product meets applicable specifications; or 5. limits rights of the District under any contract clause. Utah Admin. Rules R33-9-202 (June 21, 2017) A bidder may be requested to delete objectionable conditions from a bid provided doing so is not prejudicial to other bidders, or the conditions do not go to the substance, as distinguished from the form, of the bid. A condition goes to the substance of a bid where it affects price, quantity, quality, or delivery of the procurement item(s) offered. Utah Admin. Rules R33-9-202 (June 21, 2017) Bid cost evaluation shall be based on the lowest bid for the entire term of the contract, excluding renewal periods. Unless an exception is authorized in writing by the Procurement Officer or Board of Education or its designee, cost may not be divided or evaluated on any other basis than the entire term of the contract, excluding renewal periods. Utah Admin. Rules R33-6-101(3)(b), (c) (June 21, 2017) All bids must be based upon a definite calculated price. “Indefinite quantity contract” means a fixed price contract for an indefinite amount of procurement items to be supplied as ordered by the District, and does not require a minimum purchase amount, or provide a maximum purchase limit. “Definite quantity contract” means a fixed price contract that provides for the supply of a specified amount of goods over a specified period, with deliveries scheduled according to a specified schedule. Bids may not be based on another bidder's price, including a percentage discount or
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