Utah Admin. Code R23-1-615 - Bids Over Budget
(1) In the event
all bids for a construction project exceed available funds as certified by the
appropriate fiscal officer, and the low responsive and responsible bid does not
exceed those funds by more than 5%, the director may, where time or economic
considerations preclude re-solicitation of work of a reduced scope, negotiate
an adjustment of the bid price, including changes in the bid requirements, with
the low responsive and responsible bidder to bring the bid within the amount of
available funds.
(2) As an
alternative to the procedure authorized in Subsection (1), when all bids for a
construction project exceed available funds as certified by the director, and
the director finds that due to time or economic considerations the
re-solicitation of a reduced scope of work would not be in the interest of the
state, the director may negotiate an adjustment in the bid price using one of
the following methods:
(a) reducing the scope
of work in specific subcontract areas and supervising the re-bid of those
subcontracts by the low responsive and responsible bidder;
(b) negotiating with the low responsive and
responsible bidder for a reduction in scope and cost; or
(c) revising the contract documents and
soliciting new bids only from bidders who submitted a responsive bid on the
original solicitation. This re-solicitation may have a shorter bid response
time than otherwise required.
(3) The use of one of the alternative
procedures provided for in Subsection (2) must provide for the fair and
equitable treatment of bidders.
(4)
The director's written determination, including a brief explanation of the
basis for the decision shall be included in the contract file.
(5) This rule does not restrict in any way,
the right of the director to use any emergency or sole source procurement
provisions, or any other applicable state law or rule which may be used to
award the construction project.
Notes
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