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Section 13: Invitation for Bid (IFB)


(1) Except as otherwise provided in this chapter, Utah State University shall award a contract for a procurement by bidding, in accordance with the rules herein established.

(2) The bidding standard procurement process is appropriate to use when cost is the major factor in determining the award of a procurement. 

(1) The bidding standard procurement process begins when Utah State University issues an invitation for bid.

(2) Invitations for bid must be publically advertised as outlined in this procedure.

(3) An invitation for bid shall:

(A) state the period of time during which bids will be accepted, a minimum of 7 days shall be provided for response;

(B) describe the manner in which a bid shall be submitted;

(C) state the place where a bid shall be submitted; and

(D) include, or incorporate by reference:

(i)  a description of the procurement items sought;

(ii) the objective criteria that will be used to evaluate the bids; and

(iii) the required all contractual terms and conditions.

(E) Utah State University shall publish an invitation for bid in accordance with the requirements of this procedure.

(1) Bids shall be opened:

(A) publicly, except as provided in reverse bidding;

(B) in the presence of one or more witnesses when an electronic bid opening process is used where bidders may see the opening of the bid electronically; and

(C) at the time and place indicated in the invitation for bid.

(2) Bids shall be accepted unconditionally, without alteration or correction, except as otherwise authorized by this chapter.

(3) The Director of Purchasing and Contract Services or designee shall reject a bid that is not responsive or responsible.

(4) A bid that is not responsive includes a bid that:

(A) is conditional;

(B) attempts to modify the bid requirements;

(C) contains additional terms or conditions; or

(D) fails to conform with the requirements or specifications of the invitation for bid.

(5) A bid that is not responsible when the Director of Purchasing and Contract Services 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.

(6) Utah State University may not accept a bid after the time for submission of a bid has expired.

(7) The Director of Purchasing and Contract Services or designee shall:

(A) record the name of each bidder and the amount of each bid; and

(B) after the bid is awarded, make the information available for public disclosure.

(1) Correction or withdrawal of inadvertently erroneous bids, or the cancellation of an award or a contract that is based on an unintentionally erroneous bid, may be made in accordance with the rules of the Director of Purchasing and Contract service or the Vice President for Business and Finance.

(2) The following changes may not be made to a bid after the bid opening:

(A) changes in bid pricing;

(B) changes in the cost evaluation formula; or

(C) changes in other provisions that are prejudicial to fair competition or to the interest of Utah State University.

(3) A decision to permit the correction or withdrawal of a bid or the cancellation of an award or a contract, shall be supported in a written document, signed by the Vice President for Business and Finance or the Director of Purchasing and Contract Services or designee.

(1) Utah State University shall evaluate bids based on the requirements set forth in the IFB, which may include objective criteria. Criteria not included in the IFB may not be used to evaluate bids.

(2) Evaluation of each bid using the objective criteria may include:

(A) experience;

(B) performance ratings;

(C) inspection;

(D) testing;

(E) quality;

(F) workmanship;

(G) time and manner of delivery;

(H) references;

(I) financial stability;

(J) cost;

(K) suitability for a particular purpose; or

(L) other objective criteria specified in the invitation for bid.

(3) Criteria not described in the invitation for bids may not be used to evaluate a bid.

(4) Utah State University shall:

(A) award the contract as soon as practicable to:

(i) the lowest responsive and responsible bidder who meets the objective criteria described in the invitation for bid; or

(ii) if, the Director of Purchasing and Contract Services disqualifies the bidder, the next lowest responsive and responsible bidder who meets the objective criteria described in the invitation for bid; or

(iii) cancel the invitation for bid without awarding a contract.

(5) The Vice President for Business and Finance or Director of Purchasing and Contract Services or designee may disqualify a bidder for:

(A) a violation of this chapter;

(B) a violation of a requirement of the invitation for bid;

(C) unlawful or unethical conduct; or

(D) a change in circumstance that, had the change been known at the time the bid was submitted, would have caused the bidder to not be the lowest responsive and responsible bidder who meets the objective criteria described in the invitation for bid.

(6) The Vice President for Business and Finance, Director of Purchasing and Contract Services, or designee who disqualifies a bidder shall:

(A) make a written finding, stating the reasons for disqualification; and

(B) provide a copy of the written finding to the disqualified bidder.

(7) If Utah State University cancels an invitation for bid without awarding a contract, Utah State University shall make available for public inspection a written justification for the cancellation.

(1) Except as provided below, if the fiscal officer for Utah State University certifies that all accepted bids exceed available funds and that the lowest responsive and responsible bidder does not exceed the available funds by more than 5%, the Director of Purchasing and Contract Services may negotiate an adjustment of the bid price and bid requirements with the lowest responsive and responsible bidder in order to bring the bid within the amount of available funds.

(2) A Director of Purchasing and Contract Services may not adjust the bid requirements under the proceeding section if there is a substantial likelihood that, had the adjustment been included in the invitation for bid, a person that did not submit a bid would have submitted a responsive, responsible, and competitive bid.

(1) A Director of Purchasing and Contract Services shall resolve a tie bid by awarding the tie bid:

(A) to the tie bidder who:

(i) is a provider of state products, if no other tie bidder is a responsive provider of state products;

(ii) is closest to the point of delivery;

(iii) received the previous award; or

(iv) will provide the earliest delivery date;

(v) by drawing lots; or

(vi) by any other reasonable method of resolving a tie bid.

(2) The method chosen by the Director of Purchasing and Contract Services to resolve a tie bid shall be at the sole discretion of the Vice President for Business and Finance or Director of Purchasing and Contract Services, subject to the rules established.