5. other reasons exist such that it is in the best interest of the District. Re-solicitation may not be used to avoid awarding a contract to a qualified vendor in an attempt to steer the award of a contract to a favored vendor. Utah Admin. Rules R33-6-108 (June 21, 2017) Single bidder If only one responsive bid is received from a responsible bidder in response to an invitation for bids, including multiple stage bidding, an award may be made to the single bidder if the requirements set forth in Section 1.1010 are satisfied. Otherwise, the bid may be rejected and: 1. a new invitation for bids solicited; or 2. the procurement canceled.
Utah Admin. Rules R33-6-109 (June 21, 2017) Utah Admin. Rules R33-12-603 (June 21, 2017) Utah Admin. Rules R33-12-604 (June 21, 2017)
Action when all bids are over budget If the district Business Administrator certifies that all accepted bids exceed available funds and that the lowest responsive bid from a responsible bidder does not exceed the available funds by more than 5%, the Procurement Officer may negotiate an adjustment of the bid price and bid requirements with the responsible bidder who submitted the lowest responsive bid in order to bring the bid within the amount of available funds. However, the Procurement Officer may not adjust the bid requirements if there is a substantial likelihood that, had the adjustment been included in the invitation for bids, a person that did not submit a bid would have submitted a responsive and competitive bid.
Utah Code § 53G-4-303 (2018) Utah Code § 63G-6a-607 (2017)
Resolution of tie bids A “tie bid” means that the lowest responsive bids of responsible bidders are identical in price. In the event of tie bids, the contract shall be awarded to the procurement item offered by a Utah resident bidder, provided the bidder indicated on the bid form that it is a Utah resident. If none of the tie bids was from an identified Utah resident bidder, the preferred method to resolve the tie shall be for the President of the Board of Education or another designee of the Board to toss a coin before at least three witnesses, with the bidder first in alphabetical order being “heads.” As deemed appropriate by the Procurement Officer or Board of Education or its designee, the Procurement Officer may resolve a tie bid in accordance with one of the following methods: (1) awarding the bid to the tie bidder who (a) is a provider of state products, if no other tie bidder is a provider of state products, or (b) is closest to the point of delivery, or (c) received the previous award, or (d) will provide the earliest delivery date; or (2) by drawing lots. Utah Code § 63G-6a-103(92) (2018) Utah Code § 63G-6a-608 (2017) Utah Admin. Rules R33-6-111 (June 21, 2017) Publication of award The District shall, on the day on which the award of a contract is announced, make available to each bidder and to the public a notice that includes: (1) the name of the bidder to which the
Made with FlippingBook flipbook maker