(a) Bid submission.
(1) A state agency shall:
(A) solicit proposals under this subchapter by making
available an invitation for bids that contains all the information
needed to make a responsive bid, the factors other than price that
will be used to determine best value for the state, and the criteria
that will be used to evaluate factors other than price; and
(B) give public notice of the invitation for bids on
the ESBD and distribute notice to the CMBL in the manner provided
in this subchapter.
(2) A bidder may withdraw its bid by written request
at any time prior to the bid due date and time.
(3) A bid received after the bid due date and time
established by the bid invitation is a late bid and will not be considered.
(4) A bid received which does not contain adequate
bid identification information on the outside of the envelope will
be opened to obtain such information and will then be processed as
any other bid. If the incorrect information on the envelope causes
the bid not to be considered in making an award, the bid will be considered
invalid and rejected.
(5) Bids by facsimile are not allowed except under
exceptional circumstances and with the written approval of the purchasing
agency prior to the bid due date and time.
(6) An unsigned bid is not valid and will be disqualified.
(7) When formal bids are required, bids may not be
taken or accepted by telephone.
(8) To claim a preference identified in Subchapter
D, Division 2, of this chapter, a bidder shall mark the appropriate
box on the preference form and provide sufficient documentation to
demonstrate a determination that the bidder may receive the preference.
If the appropriate box is not marked, a preference will not be granted
unless other documents included in the bid sufficiently demonstrate
that the bidder may receive the preference and is requesting the preference.
(9) Bids will not be rejected for failure to return
an addendum with the bid, if the change is noted on the bid or the
product or service specification would not be changed by the addendum.
It is the agency's discretion to determine whether the failure to
attach an addendum renders the bid nonresponsive.
(10) By signing and submitting a bid to a state agency,
a bidder affirms that it has not given or offered any economic opportunity,
employment, gift, loan, gratuity, special discount, trip, favor, or
service to a public servant in connection with the bid, and that it
does not intend to give or offer any of the foregoing in the future.
Signing a bid with a false statement shall void the bid and any resulting
contract.
(b) Bid evaluation.
(1) A state agency may accept or reject any bid or
any part of a bid or waive minor technicalities in a bid, if doing
so would be in the state's best interest.
(2) A bid price may not be altered or amended after
the bid due date and time except to correct mathematical errors in
extension.
(3) No increase in price will be considered after the
bid due date and time. A bidder may reduce its price provided it is
the lowest and best bidder and is otherwise entitled to the award.
(4) Bid prices are considered firm for acceptance for
30 days from the bid due date and time for open market purchases and
60 days for term contracts, unless otherwise specified in the invitation
for bids.
(5) A bid containing a self-evident error may be withdrawn
by the bidder prior to an award.
(6) Bid prices which are subject to unlimited escalation
will not be considered. A bidder may offer a predetermined limit of
escalation in its bid and the bid will be evaluated on the basis of
the full amount of the escalation.
(7) A bid containing a material failure to comply with
the advertised specifications shall be rejected.
(8) All bids must be based on "F.O.B. destination"
delivery terms unless otherwise specified.
(9) If requested in the invitation for bids, samples
must be submitted or the bid will be rejected. A state agency may
require samples when essential to the assessment of product quality
during bid evaluation. A state agency is not required to return samples.
(10) When brand names are specified, bids on alternate
brands will be considered if they otherwise meet specification requirements,
unless the solicitation is designated as proprietary.
(11) Expedited payment discounts are acceptable but
are not considered in making an award. All cash discounts offered
will be taken if they are earned by the agency.
(12) No electrical item may be purchased unless the
item meets applicable safety standards of federal and state law.
(c) Contract Award.
(1) All awards shall be made to the bidder that offers
best value to the state, in compliance with the best value criteria
in the invitation for bids while conforming to the advertised specifications.
(2) In case of tie bids that cannot be resolved by
application of one or more preferences described in §20.306 of
this title (relating to Preferences), an award may be made by drawing
lots.
(3) A state agency shall document and retain the reasons
for making an award in the contract file.
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