3.02.050 Sealed Bid Requirements.
(1) Contracts shall be awarded by competitive sealed bidding except as otherwise permitted or provided by this Chapter, the Purchasing Policy Manual, or other applicable law.
(2) Bidders may be pre-qualified using a request for qualifications or other process included in the Purchasing Policy Manual. Notice of such process shall be made public, and such process shall be conducted in a manner permitted by the Purchasing Policy Manual. Failure to prequalify shall not disqualify a bid. Applicants who are best qualified to submit a bid shall be determined as set forth in the Purchasing Policy Manual.
(3) Competitive sealed bidding shall, at a minimum, include the following requirements:
(a) Notice of a call or bids shall be made public in a manner permitted by the Purchasing Policy Manual at a reasonable time prior to the time set for bid opening. The bid package shall state requirements to which the bidder must respond.
(b) Bids delivered after the time established in the notice shall not be considered unless this Chapter, the Purchasing Policy Manual, the bid and/or request for proposal, or other applicable law expressly provide otherwise. Timely sealed bids shall be opened publicly in a manner permitted by the Purchasing Policy Manual at the time and place for bid opening established in the notice. A record of each bid shall be retained.
(c) Bids shall be evaluated based on the requirements set forth in the City’s invitation, the Purchasing Policy Manual, and this Chapter.
(d) Bids shall be accepted without alteration or condition except as permitted by the Purchasing Policy Manual.
(e) Any award shall be made in writing to the lowest responsive and responsible bidder whose bid meets or exceeds the requirements of the City’s bid package. In determining whether the low bidder is a responsible bidder, the City may consider any relevant factors when evaluating responsibility, including the factors set forth in Section 3.02.060, Provo City Code.