If the
Purchasing Department determines that best value for University
purchases will be achieved on the open market, the Purchasing
Department will process requests under competitive procurement
procedures. An Invitation for Bid or a Request for Proposal
will be issued. Each method is described in the following
sections. The competitive procurement process requires due
advertisement with open and competitive specifications and equal
opportunity to all interested bidders.
(Refer to Section 2 –
Best Value Procurement Procedures of this manual for minimum
solicitation requirements on open market procurements.)
Types of Competitive Procurements
Invitation for Bid
Competitive bidding is a
standard method for acquisition of goods and services by
public agencies and institutions for purchases over a dollar
amount specified
either by statute, rule, or policy. Depending on the dollar
amount, technical specifications, delivery requirements,
etc. of the request, the Purchasing Department will either
solicit bids formally (written) or informally (telephone).
Refer to Section 2 – Best Value Procurement Procedures of
this manual for limits. In either case, a minimum of three
(3) bids must be solicited*.
If formal bids are requested (also known as competitive
sealed bidding), an Invitation for Bid (IFB) form will be
prepared by the Purchasing Department. It will contain a
description or specifications of the item(s) needed, the
terms and conditions of the proposed purchase, the manner in
which bids are to be submitted, the criteria for evaluating
the bids and awarding of a purchase order or contract, the
place and time for opening of bids, and any other
information to assist the bidder in understanding the
request. A reasonable period of time will be allowed for
bid responses. No bidder may revise his/her bid after the
bid opening date and time. Late or unsigned bids will not
be accepted.
The Purchasing Department is responsible for the receipt and
control of bid responses. All bids received will be
time-stamped and secured appropriately. Opening of bids
shall not be permitted until the specified time for bid
opening. If a bid is inadvertently opened due to failure of
the bidder to properly identify the bid response envelope,
it will be opened, resealed, and marked accordingly. No
buyer will be allowed to examine the contents of the bid.
Normally, all bid openings are public and bid information
such as prices may be announced at the opening. No
recommendations for award, however, will be announced in a
public bid opening.
After the opening and tabulating of all bids received, each
bid will be evaluated for compliance with terms, conditions,
and all requirements of the IFB. The Purchasing Department
will determine which compliant bid provides the best value
to UTPA and make an award. The requisitioning department
may be asked to review bid responses and to make a written
award recommendation to the Purchasing Department. If the
apparent best value bid is not recommended, the
requisitioning department must submit a written
justification explaining the reasons for their
recommendation for consideration. In the event of a
conflict between the requisitioning department and the
Purchasing Department, the matter will be referred to the
Director of Materials Management for review and final
decision.
If informal bids are requested, the Purchasing Department
will prepare an informal bid request form and solicit bids
from at least three bidders*. Responses will be recorded.
Although informal bids are being requested, all applicable
requirements of formal bids will be adhered to as
appropriate.
*At least two of the bidders must be Historically
Underutilized Businesses (one woman-owned and one
minority-owned).
Request for
Proposal
When competitive sealed bidding cannot adequately address
acquisitions where specific or generic specifications are
difficult or impossible to draft and evaluation for award
cannot be made on absolute criteria incorporated in the IFB,
the Purchasing Department may determine that the competitive
sealed proposals method is more practical or advantageous
given the nature of the goods or services requested.
Examples of acquisitions that would best be handled through
competitive sealed proposals are highly technical items,
specialized and/or complex services.
The Purchasing Department will work with the requesting
department in development and review of the Request for
Proposal (RFP). The RFP document, when finalized, will be
sent to potential proposers. A reasonable period of time
for acceptance of proposals will be allowed. This process
is very similar to the competitive sealed bidding process.
An RFP is opened publicly; however, only the names of the
proposers are revealed. Proposal prices and other
information in proposals submitted are not made public until
after an award is made. Typically, an RFP allows for
evaluation of factors other than price such as experience
and approach to a project. The RFP will include a statement
or scope of work, intent of proposal, technical
requirements, key events schedule, criteria for selection,
and other relevant information.
Depending on the scope and technical requirements of an RFP,
a pre-proposal conference for potential proposers may be
scheduled. A pre-proposal conference provides an
opportunity to review proposal requirements, facilitate a
clear understanding, and promote competition. If the
Purchasing Department determines that certain elements of
the RFP require modification as a result of issues raised
during the pre-proposal conference, an addendum will be
issued and mailed to all proposers on the RFP mailing list.
The RFP process also differs in that this method permits
discussions after proposals have been opened to allow for
clarification to assure full understanding of and
responsiveness to the requirements. All proposers whose
submittals are found to be acceptable or reasonably
susceptible to being made acceptable are given an
opportunity to negotiate and revise their proposals. If
necessary, the Purchasing Department may issue amendments to
proposal requirements. Modifications and negotiations may
continue until the Purchasing Department calls for Best and
Final Offers (BAFOs). No changes are allowed after BAFOs
are received unless the Director of Materials Management
makes a determination that resubmission is in UTPA’s best
interest.
In the evaluation phase of RFPs, an evaluation committee may
be assigned the task of evaluating all proposals received.
Typically, evaluation committees are comprised of a minimum
of three to a maximum of seven members. The number will be
limited to the minimum number required to properly evaluate
proposals and approved by the Purchasing Department. Under
the guidance of the Purchasing Department, the evaluation
committee will be briefed on their responsibilities before
the RFP is issued. Normally, the committee is comprised of
representative(s) from the Purchasing Department, requesting
department, and other departments with the technical
knowledge of the acquisition. Each member will be required
to sign a Non-disclosure Statement prepared by the
Purchasing Department.
Contact with potential proposers will be made only by the
designated Purchasing Department employee. Requesting
departments and evaluation committee members should not
contact proposers directly and should refer all inquiries to
the above designated official.
After BAFOs have been evaluated, the evaluation committee
will prepare a recommendation for award and submit it to the
Director of Materials Management or designee for review and
approval. The recommendation will identify the successful
proposer and the basis for the award. Once approved, the
Purchasing Department will prepare a purchase order or
contract.
Bid List
Centralized
Master Bidders List
The Texas Building and Procurement
Commission (TBPC) maintains a Centralized Master Bidders
List (CMBL). The CMBL is a comprehensive mailing list of
vendors who have registered for bidding with the State of
Texas. Information on the CMBL is available on the Internet
at
http://www.gsc.state.tx.us/cmbl/index.html. The
Purchasing Department may utilize the CMBL on any open
market procurements or use its own list of bidders.
