2006 Utah Code - 63-56-401 — Contracts awarded by sealed bidding -- Procedure.

     63-56-401.   Contracts awarded by sealed bidding -- Procedure.
     (1) Contracts shall be awarded by competitive sealed bidding except as otherwise provided by this chapter.
     (2) (a) An invitation for bids shall be issued when a contract is to be awarded by competitive sealed bidding.
     (b) The invitation shall include a purchase description and all contractual terms and conditions applicable to the procurement.
     (3) (a) Public notice of the invitation for bids shall be given a reasonable time before the date set forth in the invitation for the opening of bids, in accordance with rules.
     (b) The notice may include publication in a newspaper of general circulation a reasonable time before bid opening.
     (4) (a) Bids shall be opened publicly in the presence of one or more witnesses at the time and place designated in the invitation for bids.
     (b) The amount of each bid and any other relevant information specified by rules, together with the name of each bidder, shall be recorded.
     (c) The record and each bid shall be open to public inspection.
     (5) (a) Bids shall be unconditionally accepted without alteration or correction, except as authorized in this chapter.
     (b) (i) 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.
     (ii) Those criteria that will affect the bid price and be considered in evaluation for award shall be objectively measurable.
     (iii) The criteria may include discounts, transportation costs, and total or life cycle costs.
     (c) No criteria may be used in bid evaluation that are not set forth in the invitation for bids.
     (6) (a) Correction or withdrawal of inadvertently erroneous bids before or after award, or cancellation of awards or contracts based on the bid mistakes, shall be permitted in accordance with rules.
     (b) After bid opening, no changes in bid prices or other provisions of bids prejudicial to the interest of the state or fair competition may be permitted.
     (c) Except as otherwise provided by rule, all decisions to permit the correction or withdrawal of bids or to cancel awards or contracts based on bid mistakes shall be supported by a written determination made by the chief procurement officer or the head of a purchasing agency.
     (7) (a) The contract shall be awarded with reasonable promptness by written notice to the lowest responsive and responsible bidder whose bid meets the requirements and criteria set forth in the invitation for bids.
     (b) (i) If all bids for a construction project exceed available funds as certified by the appropriate fiscal officer, and the low responsive and responsible bid does not exceed those funds by more than 5%, the chief procurement officer or the head of a purchasing agency may, in situations where time or economic considerations preclude resolicitation of work of a reduced scope, negotiate an adjustment of the bid price, including changes in the bid requirements, with the low responsive and responsible bidder in order to bring the bid within the amount of available funds.
     (ii) If the State Building Board establishes alternative procedures by rule under Section

63A-5-103, the Division of Facilities Construction and Management need not comply with the provisions of this Subsection (7) when a bid meets the requirements of the State Building Board's rule.
     (8) When it is considered impractical to prepare initially a purchase description to support an award based on price, an invitation for bids may be issued requesting the submission of unpriced offers to be followed by an invitation for bids limited to those bidders whose offers have been qualified under the criteria set forth in the first solicitation.

Renumbered and Amended by Chapter 25, 2005 General Session