(1) Contracts shall be solicited by an invitation for bids except as otherwise provided in section 24-103-201.
(a) An invitation for bids shall be issued and shall include a purchase description and all contractual terms and conditions applicable to the procurement.
(b) Repealed.
Adequate public notice of the invitation for bids shall be given a reasonable time, butin the case of construction at least fourteen days, prior to the date set forth therein for the opening of bids, pursuant to rules. Such notice may include publication in a newspaper of general circulation.
Bids shall be opened publicly in the presence of one or more witnesses at the timeand place designated in the invitation for bids. The amount of each bid and such other relevant information as may be specified by rules, together with the name of each bidder, shall be entered on a record, and the record shall be open to public inspection. After the time of the award, all bids and bid documents shall be open to public inspection in accordance with the provisions of sections 24-72-203 and 24-72-204.
Bids shall be unconditionally accepted, except as authorized by subsection (7) of thissection. 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. Those criteria that will affect the bid price and be considered in the evaluation for award shall be objectively measurable, such as discounts, transportation costs, and total or life-cycle costs. No criteria may be used in the bid evaluation that are not set forth in the invitation for bids.
Withdrawal of inadvertently erroneous bids before the award may be permitted pursuant to rules if the bidder submits proof of evidentiary value which clearly and convincingly demonstrates that an error was made. Except as otherwise provided by rules, all decisions to permit the withdrawal of bids based on such bid mistakes shall be supported by a written determination made by the chief procurement officer or the procurement official.
The contract shall be awarded with reasonable promptness by written notice to thelow responsible bidder whose bid meets the requirements and criteria set forth in the invitation for bids, except as otherwise provided for certain low tie bids under section 24-103-902. In the event that all bids for a construction project exceed available funds, as certified by the appropriate fiscal officer, the procurement official is authorized, in situations where time or economic considerations preclude resolicitation of work of a reduced scope, to negotiate an adjustment of the bid price with the low responsible bidder in order to bring the bid within the amount of available funds; except that the functional specifications integral to completion of the project may not be reduced in scope, taking into account the project plan, design, and specifications and quality of materials.
When it is considered impractical to initially prepare 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.
The provisions of subsections (4), (5), and (6) of this section shall also apply toconstruction and shall be in addition to any other requirements for an invitation for bids for construction as provided for in this title 24.
Source: L. 81: Entire article added, p. 1266, § 1, effective January 1, 1982. L. 95: (2) and (7) amended, p. 27, § 4, effective July 1. L. 96: (6) amended, p. 1535, § 104, effective June 1. L. 2017: (1), (6), (7), and (9) amended and (2)(b) repealed, (HB 17-1051), ch. 99, p. 313, § 16, effective August 9.