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A TRUE COPY <br />CERTIFICATION ON LAST PAGE <br />RYAN L. BUTLER, CLERK <br />Under this procurement method, the solicitation document used is known as the ITB. Sealed <br />bidding is often utilized when the Sub -Recipient's requirements are known and specific in detail. <br />The sealed bid method is the preferred method for procuring construction services and is <br />appropriate when the following conditions are present: <br />• Complete, adequate, and realistic specifications or purchase descriptions are <br />available; <br />• Two or more responsible bidders are willing and able to compete effectively for the <br />business; <br />The Sub -Recipient primarily selects the successful bidder based on price. This includes the price - <br />related factors included within the solicitation. Other than the responsibility determination, the <br />Sub -Recipient shall not select a contractor on the basis of non -price -related factors. <br />Sub -Recipients shall publicly advertise the ITB. The precise manner of advertising depends upon <br />the facts and circumstances of the procurement, subject to any applicable state, local, and/or <br />tribal requirements. <br />Sub -Recipients shall solicit bids from an adequate number of known suppliers. The regulation <br />does not provide specific guidance regarding the method for soliciting additional bids or what <br />constitutes an adequate number of qualified sources. These determinations shall be dependent <br />upon the facts and circumstances of the procurement, subject to any relevant state, local, and/or <br />federal requirements. The general requirements for an ITB are as follows: <br />• The ITB shall define the items or services including any specifications and pertinent <br />attachments so potential bidders can properly respond. <br />• The subrecipient shall provide potential bidders sufficient time to prepare and submit <br />bids prior to the date set for bid opening. <br />• All bids shall be opened at the date, time, and location established in the ITB. <br />• After the official bid opening procedures are completed, the subrecipient shall award <br />a contract to the lowest price bid provided by a responsive and responsible bidder. If <br />specified in the bidding documents, the subrecipient may consider discounts, <br />transportation costs, and life cycle costs to determine which bid is the lowest. <br />If using the Sealed Bidding method of procurement, the subrecipient shall document the <br />procurement history. Examples of circumstances under which a subrecipient may reject an <br />individual bid include but are not limited to: <br />• The bid fails to conform to the essential requirements or applicable specifications as <br />outlined in the ITB; <br />• The bid fails to conform to the delivery schedule as outlined in the ITB; <br />• The bid imposes conditions that would modify the requirements as outlined in the <br />ITB; <br />• The Sub -Recipient determines that the bid price is unreasonable; <br />• The bid is submitted by a suspended or debarred vendor; and/or <br />• A bidder fails to furnish a bid guarantee when such a guarantee is required. <br />The contract should then be awarded to the responsible and responsive vendor who submits the <br />lowest responsive bid. The Subrecipient shall also provide a justification letter to the Division <br />supporting their selection. <br />Request for Proposal: Under this procurement method, the solicitation document used is also <br />known as the RFP. Proposals are an acceptable method of procurement when the nature of the <br />50 <br />