Section 69.4. Competitive sealed bidding

(a) Conditions for use. Contracts shall be awarded by competitive sealed bidding except as otherwise provided in § 69.3 (relating to methods of awarding contracts).

(b) Invitation to bid. Invitations to bid shall be issued and shall include specifications and contractual terms and conditions applicable to the procurement.

(c) Public notice. Adequate public notice of the invitation to bid shall be given a reasonable time prior to the date set for the opening of bids. For contracts covering the requirements of the Commonwealth over a period of time, the notice will include publication in newspapers of general circulation at least 6 weeks prior to bid opening. For other contracts, the notice shall be given at least 10 days prior to bid opening, by sending invitations to bid to all persons or firms who have notified the Bureau that they want to be given an opportunity to bid on contracts for items for which they have indicated an interest.

(d) Bid opening. Bids shall be opened publicly in the presence of one or more witnesses on the date fixed for the opening of bids at the hour designated in the invitation to bid. After the bids are opened, they shall be tabulated and will be subject to examination by bidders.

(e) Bid acceptance and bid evaluation. Bids shall be unconditionally accepted without alteration or correction, except as authorized in this chapter or by the terms and conditions contained in the invitation to bid. Bids shall be evaluated based on the requirements set forth in the invitation to bid, which may include means to determine whether the bid is responsive to the specifications such as inspection, testing, quality, workmanship, delivery and suitability for a particular purpose. Criteria that will affect the bid price and be considered in evaluation for award shall be objectively measurable, such as life cycle costs. No criteria may be used in bid evaluation that are not set forth in the invitation to bid.

(f) Modification or withdrawal of bids; cancellation of awards. Modification or withdrawal of bids; cancellation of awards shall include the following:

(1) Bids may be modified or withdrawn by written or telegraphic notice received at the Department Bid Opening Room prior to the exact hour and date specified in the invitation to bid. Telegrams shall be confirmed by letter within 72 hours after receipt. A bid may also be withdrawn in person by a bidder or his authorized representative, provided his identity is made known and he signs a receipt for the bid, but only if the withdrawal is made prior to the exact hour and date set for the opening of bids. Modifications of offers received after the exact hour and date specified for the opening of bids shall not be considered.

(2) Withdrawal of erroneous bids after bid opening but before award or cancellation of contracts based on bid mistakes shall be permitted only in the following instances:

(i) When the Department knows or has reason to know that a mistake had been made, that is, an obvious error.

(ii) When the bidder requests relief and presents credible evidence that the reason for the lower bid price was a clerical mistake as opposed to a judgment mistake and was actually due to an unintentional arithmetical error or an unintentional omission of a substantial quantity of work, labor, material, or services made directly in the compilation of the bid. When the contract has been awarded, the bidder shall request relief within a reasonable time period after he receives notice of the award.

(g) Award. The contract shall be awarded within a reasonable time by written notice to the lowest responsible bidder whose bid meets the requirements and criteria set forth in the invitation to bid. The Secretary has the right to reject any or all bids.

Notation

Cross References

This section cited in 4 Pa. Code § 69.3 (relating to methods of awarding contracts); 4 Pa. Code § 69.5 (relating to multiple awards); and 4 Pa. Code § 69.6 (relating to competitive sealed proposals).