DAR File No. 38756

Administrative Services, Purchasing and General Services

Section R33-6-103

Pre-Bid Conferences/Site Visits

Notice of Proposed Rule

(Amendment)

DAR File No.: 38756
Filed: 08/13/2014 04:11:58 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The reason for the amendment is to include specific language regarding the requirements and procedures for pre-bid conferences and site visits so the rule will be easier to read and understand, and so the procurement unit will have a better understanding of what is required for pre-bid conferences and site visits.

Summary of the rule or change:

The reason for the amendment is to include specific language regarding the requirements and procedures for pre-bid conferences and site visits, including that they may be held to explain the procurement requirements outlined in the rule, how they can be attended and what procedures are required for the procurement unit if they are held.

State statutory or constitutional authorization for this rule:

• Title 63G, Chapter 6a

Anticipated cost or savings to:

the state budget:

The state budget will not be affected, because this section of the rule simply provides the requirements and procedures for pre-bid conferences and site visits for procurement units.

local governments:

Local governments' budgets will not be affected, because this section of the rule simply provides the requirements and procedures for pre-bid conferences and site visits for procurement units.

small businesses:

Small businesses' budgets will not be affected, because this section of the rule simply provides the requirements and procedures for pre-bid conferences and site visits for procurement units.

persons other than small businesses, businesses, or local governmental entities:

No other person's budget will be affected, because this section of the rule simply provides the requirements and procedures for pre-bid conferences and site visits for procurement units.

Compliance costs for affected persons:

There are no compliance costs for any persons, because this section of the rule simply provides the requirements and procedures for pre-bid conferences and site visits for procurement units.

Comments by the department head on the fiscal impact the rule may have on businesses:

There is no fiscal impact on businesses. If there is any impact it is created by the statute. This rule merely implements the statute.

Kimberly K. Hood, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Administrative Services
Purchasing and General Services
Room 3150 STATE OFFICE BLDG
450 N STATE ST
SALT LAKE CITY, UT 84114-1201

Direct questions regarding this rule to:

• Alan Bachman at the above address, by phone at 801-538-3105, by FAX at 801-538-3313, or by Internet E-mail at abachman@utah.gov
• Paul Mash at the above address, by phone at 801-538-3138, by FAX at 801-538-3882, or by Internet E-mail at pmash@utah.gov
• Chiarina Bautista at the above address, by phone at 801-538-3240, by FAX at 801-538-3313, or by Internet E-mail at cgleed@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

10/01/2014

This rule may become effective on:

10/08/2014

Authorized by:

Kent Beers, Director

R33. Administrative Services, Purchasing and General Services.

R33-6. Bidding.

[R33-6-103. Pre-Bid Conferences/Site Visits.

(1) Pre-bid conferences may be conducted to explain the procurement requirements. If there is to be a pre-bid conference, the time and place of the pre-bid conference/site visit shall be stated in the Invitation for Bids.

(a) Pre-bid site visits may be mandatory if the Invitation for Bids states that the site visit is mandatory and provides the location, date and time of the site visit. The Invitation for Bids must also state that failure to attend a mandatory site visit shall result in the disqualification of any bidder that does not attend. Procurement units shall maintain the following:

(i) an attendance log including the name of each attendee, the firm the attendee is representing, and the attendee's contact information; and

(ii) minutes of the site visits and any documents distributed to the attendees.

]R33-6-103. Pre-Bid Conferences and Site Visits.

(1) Mandatory pre-bid conferences and site visits may be held to explain the procurement requirements in accordance with the following:

(a) Except as authorized in writing by the chief procurement officer or the head of a procurement unit with independent procurement authority, pre-bid conferences and site visits must require mandatory attendance by all bidders.

(b) Except as authorized in writing by the chief procurement officer or the head of a procurement unit with independent procurement authority, pre-bid conferences and site visits allowing optional attendance by bidders are not permitted.

(c) A pre-bid conference may be attended via the following:

(i) attendance in person;

(ii) teleconference participation;

(iii) webinar participation;

(iv) participation through other electronic media approved by the chief procurement officer or head of a procurement unit with independent procurement authority.

(d) Mandatory site visits must be attended in person.

(e) All pre-bid conferences and site visits must be attended by an authorized representative of the person or vendor submitting a bid and as may be further specified in the procurement documents.

(f) The solicitation must state that failure to attend a mandatory pre-bid conference shall result in the disqualification of any bidder that does not have an authorized representative attend the entire duration of the mandatory pre-bid conference.

(g) The solicitation must state that failure to attend a mandatory site visit shall result in the disqualification of any bidder that does not have an authorized representative attend the entire duration of the mandatory site visit.

(h) At the discretion of the conducting procurement unit, audio or video recordings of pre-bid conferences and site visits may be used.

(i) Listening to or viewing audio or video recordings of a mandatory pre-bid conference or site visit may not be substituted for attendance. If the chief procurement officer or the head of a procurement unit with independent procurement authority grants an exception to the mandatory requirement in writing, the procurement unit may require all bidders that do not have an authorize representative in attendance for the entire pre-bid conference or site visit to review any audio or video recording made.

(2)(a) If a pre-bid conference or site visit is held, the conducting procurement unit shall maintain:

(i) an attendance log including the name of each attendee, the entity the attendee is representing, and the attendee's contact information;

(ii) minutes of the pre-bid conference or site visit; and

(iii) copies of any documents distributed by the conducting procurement unit to the attendees at the pre-bid conference or site visit.

(b) The issuing procurement unit shall publish as an addendum to the solicitation:

(i) the attendance log;

(ii) minutes of the pre-bid conference or site visit;

(iii) copies of any documents distributed to attendees at the pre-bid conference or site visit; and

(iv) any verbal modifications made to any of the solicitation documents. All verbal modifications to the solicitation documents shall be reduced to writing.

 

KEY: government purchasing, sealed bidding, multiple stage bidding, reverse auction

Date of Enactment or Last Substantive Amendment: [July 8, ]2014

Notice of Continuation: July 8, 2014

Authorizing, and Implemented or Interpreted Law: 63G-6a