If electronic bids are authorized, the solicitation shall specify the electronic commerce method s that bidders may use. The following tables analyze the types of mistake and one set of actions; many variations on the illustrative rules presented here are successfully in use. If your agency has the ability, it is recommended that you have a unique post office box number to which only offers are mailed. The process of receiving bids As you approach the date and time set in your solicitation for receipt of bids, you will begin to receive bids. If the invitation for bids is for the procurement of services other than those described in sections 41-2513, 41-2578, 41-2579 and 41-2581, the notice shall include publication in a single newspaper or in multiple newspapers within this state.
Insert in this section solicitation provisions and other information and instructions not required elsewhere to guide bidders. The officer shall then 1 personally and publicly open all bids received before that time, 2 if practical, read the bids aloud to the persons present, and 3 have the bids recorded. If you have to ask one offeror for its bid guarantee, is that considered discussions or negotiations. If this is not the case, the contracting officer shall request bidders whose proposals may be made acceptable to submit additional clarifying or supplementing information. In accordance with the general requirement to have procurement procedures and a contract administration system including written selection procedures , larger agencies often maintain formal written procedures that address the circumstances under which micro-purchase procedures should be used. Although provides you broad choice and discretion, State laws and local policy often require that you use sealed bids in certain procurements and that you use competitive proposals in others. As a result of those discussions, you may have amended some parts of the solicitation and may have asked for revised proposals during the negotiation process.
If the bidder whose bid is believed erroneous does not or cannot grant an extension of time, the bid shall be considered as originally submitted but see subparagraph g 5 of this section. However, when such requests require so much work as to interfere with the normal operations of the contracting office, the inquirer will be advised where a copy of the abstract of offers may be seen. Remember, what you want to gain from this advertisement are responses from potential bidders or proposers to your up-coming procurement and their interest in receiving the solicitation you plan to issue. State law in some states explicitly addresses bid mistakes. These rules are discussed in detail in. Request verification of the bid.
When a contracting office is located in the United States, any solicitation sent to a prospective bidder located outside the United States shall be sent by electronic data interchange or air mail if security classification permits. Did a vendor or contractor assist? Not only can it save you from executing a flawed process that can cost you money or damage your business reputation, but it can save you money when using a modern process. Your customers may not embrace sealed bidding as eagerly. Purchases under contracts with sister states or local agencies may also meet the Federal requirements. Firm-fixed-price contracts shall be used when the method of contracting is sealed bidding, except that fixed-price contracts with economic price adjustment clauses may be used if authorized in accordance with when some flexibility is necessary and feasible.
The authority to permit correction of bids is limited to bids that, as submitted, are responsive to the invitation and may not be used to permit correction of bids to make them responsive. If you receive a bid or proposal and one or more of the issued amendments are not acknowledged, what do you do? Once the solicitation has been issued, using the mailing list to ensure that any solicitation amendments are furnished to all entities that received the original solicitation is important, as discussed in After the solicitation process is completed, the final administrative task associated with the mailing list is to update it. The contracting agency may retain bids or copies of bids received after the bid time and date indicated in the invitation to bid. When the terms and conditions of multiple awards are so provided in the Invitation to Bid, awards may be made to more than one bidder. Generally, the offer must have been received by the contracting agency no later than 5:00 p. If you wait until award is made which is a public action , the proposer will be left with only two choices, to do nothing or to file legal action.
Bids shall be evaluated without discussions. For the Executive Branch Users must establish a free account with the State eProcurement system in order to view offers and abstracts. If so, please bring it to Room 407 immediately. The procuring agency must reject any proposal in which a mistake is evident on the face of the proposal and the intended correct proposal is not evident or cannot be substantiated from documents submitted with the proposal. Do not allow the bid to be withdrawn. A minor informality or irregularity is one that is merely a matter of form and not of substance. This includes verifying the proposed cost data, the projections of the data, and the evaluation of specific elements of costs and profit.
Contracts shall be awarded by competitive sealed bidding except as otherwise provided in section 41-2532. The end result was not only dramatically lower pricing and more efficient procurement operations, but also lower inventory levels since the vendors were willing to stock the various items knowing they would in all likelihood get orders for the items. Copies of all such determinations shall be included in the file. If so, and if you have multiple vendors for that item or service, you can alternate among those vendors. In some cases, the details of the scoring may be subject to disclosure as public information after the contract is awarded. The competitive proposal method is a flexible procurement tool for you to use.
At the conference, have someone present who can develop a record of what transpired, including a sign-in list of attendees. Discussion State or Local Law - As with many other areas of procurement, procedures for handling a single bid in response to an invitation for bid may be addressed specifically by your state or local law. Instead, they are intended to raise sensitivity to some of the issues that impact responsiveness. Competitive Proposals Requirement There is no Federal requirement that grantees use the sealed bid or competitive proposal method of procurement for any procurement. Whether or not the late bid would have been low in price is of no consequence.