B2.1 General Compliance
The Library complies with general purchasing requirements for supplies, equipment, services, and construction items in accordance with the Utah Procurement Code.
B2.2 Purchasing Requirements
Responsibility for the overall implementation of the Library's purchasing practices is held by the Director as governed by the Board of Directors. The Director prepares an annual budget for the Library in consultation with the Board. A monthly report of budget to expenditures is reviewed and approved by the Board at its regularly scheduled monthly Board meeting.
B2.2.1 All purchases are subject to approval through the library budget process. Purchasing may be coordinated through and monitored by the Business Office as predetermined by the annual budget.
Purchases generally less than $15,000.00, emergency purchases, or where there is only one source for the required supply, equipment, service, or construction item may be made outside the bidding process.
Purchases shall not be artificially divided up so as to qualify for purchasing under the small purchases rules.
B2.2.2 Specifications
Where reasonable and applicable, specifications will be prepared for supplies, equipment, services, and construction items. All specifications shall seek to promote the overall economy and best use for the purposes intended and encourage competition and shall not be unduly restrictive.
Deposits may or may not be required for release of specifications or other contract documents to bidders or contractors. Deposit amounts will be determined at the Library's discretion. The deposit collected per set will be returned to bidder or contractor upon return of documents in good condition.
B2.2.3 Decisions about purchases and awarding contracts are made consistent with the Library's policy of equal opportunity, as well as best low price, availability of products or services, references from qualified individuals, and past experiences of the Library.
B2.2.4 A contractor or supplier aggrieved by a major purchasing decision of the Library may appeal the decision by writing a letter to the Library Board of Directors within five working days of the decision. The contractor or supplier, or chosen representative, may appear before the Library Board at a regularly scheduled Board meeting to state their position. A library manager may present an opposing view at the same meeting with the Library Board deciding the matter.
B2.3 Competitive Bidding
Bids or proposals are actively solicited by the Library Board of Directors when building improvements or a competitive assessment is deemed appropriate. If the estimated cost of the improvement is less than $25,000.00, or the estimated purchase assessment is less than $15,000.00, the improvement or purchase may be made without calling for bids.
B2.3.1 An invitation for bids or proposals shall be issued by public notice. Publication of bid notices shall be posted at least five days prior to the opening of bids and shall remain posted for at least two days in one or more newspapers with general circulation throughout Salt Lake County. [As of the date of this policy, the Deseret News and Salt Lake Tribune newspapers require three working days lead time for publishing of legal notices.]
B2.3.2 Competitive sealed bids shall be opened publicly. Solicited competitive proposals shall be available for public inspection.
B2.3.3 Bids/proposals shall be accepted without alteration except as provided by the Utah Procurement Code.
B2.3.4 An invitation for bids or proposals shall state the purpose of the bid, the location of bid documents (if any), the public bid opening date and time, and qualifications for submitting a bid.
B2.3.5 Bidders are expected to examine available drawings, specifications, schedules, and instructions. Failure to do so will be at bidder's risk.
B2.3.6 Any explanation desired by a bidder regarding the meaning or interpretation of the solicitation, drawings, specifications, etc., must be requested in writing and with sufficient time allowed for a reply to each bidder before the submission of their offer. Oral explanations or instructions given before the award of the contract will not be binding. Any information given to a prospective bidder concerning a solicitation will be furnished to all prospective bidders as an amendment of the solicitation if such information is necessary to bidders in submitting offers on the solicitation or if the lack of such information would be prejudicial to uninformed bidders.
B2.3.7 Any proposal received at the office designated in the solicitation after the exact time specified for receipt will not be considered.
B2.3.8 Bid security in the form of a bid bond or certified check made payable to the Library, in an amount equal to 5% of the bid, shall accompany bids for major construction improvements, when appropriate.
B2.3.9 Guarantee bonds in the form of a performance bond and labor and materials payment bond, in an amount equal to 100% of the bid, are required for all major improvements contracts.
B2.3.10 The lowest responsible bidder refers to any prime construction contractor or supplier of a product or service who has bid in compliance with the invitation to bid and within the requirements of the plans and specifications, who is the low bidder, who has furnished a bid bond or equivalent in money as a condition to the award of a prime construction contract (if required), who furnishes a payment and performance bond (if required), and who meets the conditions specified in subsection B3.2.3.
B2.3.11 No bidder may withdraw their bid within 30 (thirty) days after the bid opening or proposal due date.
B2.3.12 All bidders will be notified with reasonable promptness by written notice of the Library's decision to award the bid and/or contract to the lowest responsible bidder.
B2.3.13 The Board of Directors reserves the right to reject any or all bids presented, and to waive any informalities and/or irregularities in the bids received. The Board may accept any item or group of items of any offer, unless the bidder qualifies his offer by specific limitations. If all bids are rejected and the construction improvement or other purchase is still needed, the Library shall advertise anew in the same manner as before. If after twice advertising as provided and no satisfactory bid is received, the Board may proceed under its own direction to make the improvement or purchase.
B2.4 Contracts
Contracts shall be awarded by soliciting competitive proposals, by competitive sealed bidding, or where deemed in the best interests of the Library.
B2.4.1 An estimate of the costs must be made before determining whether a contract may be made without advertising for bids.
B2.4.2 Contracts may be entered into for any period of time deemed to be in the best interest of the Library.
B2.4.3 If there is only one source for the required supply, equipment, service, or construction item, a contract may be awarded without competition.
Approved by Board of Directors, May 1996