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(a) Conditions for use. Contracts shall be awarded by competitive sealed bidding except as otherwise provided in Section 4-6-210 above or if the Town Manager provides by regulation or policy that it is either not practicable or not advantageous to the Town to procure specified types of supplies, services or construction by competitive sealed bidding.

(b) Invitation for bids. An invitation for bids shall be issued and shall include a purchase description and all contractual terms and conditions applicable to the procurement. The purchase description shall seek to promote overall economy for the purposes intended and encourage competition in satisfying the Town’s needs, and it shall not be unduly restrictive.

(c) Public notice. Adequate public notice of the invitation for bids shall be given a reasonable time prior to the date set forth therein for the opening of bids. If a state or federal law or regulation controls the procurement process for any particular purchase, adequate public notice may be mandated by applicable state or federal laws or regulations. In the absence of exigent or emergency circumstances described in Section 4-6-260 below, adequate notice shall mean publication of a public notice which summarizes the invitation for bids to the Town of Telluride Web Site with at least one (1) publication (1) one week prior to the date set forth therein for the opening of bids.

(d) Bid opening. Bids shall be opened publicly in the presence of two (2) or more witnesses at the time and place designated in the invitation for bids. The amount of each bid and such other relevant information as may be specified by regulation, together with the name of each bidder, shall be recorded; the record and each bid shall be open to public inspection.

(e) Facsimile transmission. Facsimile transmissions may be accepted for either bids or corrections to previously submitted bids. The Town, by receiving facsimile transmissions, makes no representation with respect to its ability to maintain the confidentiality of the contents of such transmissions.

(f) Bid acceptance and bid evaluation. Bids shall be unconditionally accepted without alteration or correction, except as authorized in this Article. Bids shall be evaluated based on the requirements set forth in the invitation for bids, which may include criteria to determine acceptability such as inspection, testing, quality, workmanship, delivery and suitability for a particular purpose. Those criteria that will affect the bid price and be considered in evaluation for award shall be objectively measurable, such as discounts, transportation costs and total or life cycle costs. The invitation for bids shall set forth the evaluation criteria to be used. In addition to the evaluation criteria set forth in the invitation to bid, the following criteria shall also be considered. In all instances, the criteria set forth in the invitation to bid, if applicable, and the below criteria shall be considered in addition to price:

(1) The ability, capacity and skill of the bidder to perform the contract or provide the service or construction required;

(2) Whether the bidder can perform the contract or provide the service or construction promptly, or within the time specified, without delay or interference;

(3) The character, integrity, reputation, judgment, experience and efficiency of the bidder;

(4) The quality of performance of previous contracts with the Town or services provided to the Town or the quality of previous contracts or services provided to other parties and verified to the Procurement Officer during a check of references;

(5) The previous and existing compliance by the bidder with laws and ordinances relating to the contract or service;

(6) The sufficiency of the financial resources and ability of the bidder to perform the contract or provide the service or construction;

(7) The quality, availability and adaptability of the supplies, services or construction to the particular use required;

(8) The bidder’s demonstrated commitment to the most environmentally sound practices as well as its commitment to the Town’s sustainability goals.

(9) The ability of the bidder to provide future maintenance and service for the use of the subject of the contract; and

(10) The preferences set forth at Subsections 4-6-210(b) and (c) above.

(g) Correction or withdrawal of bids; cancellation of award. Correction or withdrawal of inadvertently erroneous bids before or after award, or cancellation of awards or contracts based on such bid mistakes, shall be permitted. Except as otherwise provided by regulation, all decisions to permit the correction or withdrawal of bids, or to cancel awards or contracts based on bid mistakes, shall be supported by a written determination made by the department head and approved by the Town Attorney.

(h) Award. The contract shall be awarded with reasonable promptness by written notice to the responsible and responsive bidder whose bid best meets the requirements and criteria set forth at Subsection (f) above and in the invitation for bids if applicable in addition to price. In the event all bids for a construction project exceed available funds as certified by the appropriate fiscal officer of the Town, and the low responsible and responsive bid does not exceed such funds by more than ten percent (10%), the department head is authorized, in situations where time or economic considerations preclude resolicitation of work of a reduced scope, to negotiate an adjustment of the bid price, including changes in the bid requirements with the low responsible and responsive, in order to bring the bid within the amount of available funds. If the low responsible and responsive bid exceeds available funds by ten percent (10%) or more, the Town Manager may authorize the department head to negotiate an adjustment of the bid price after determining in writing that such action is in the best interests of the Town. Even if the lowest bid does not exceed available funds a department head, with the Town Manager’s prior approval, shall have the authority, consistent with the general underlying purposes and policies of this Article as set forth at Subsection 4-6-10(a) of this Article and in the best interests of the Town, to negotiate with the lowest responsible and responsive bidder to adjust the bid price, alter the quantity or quality of supplies to be procured, or alter the scope of services or construction to be provided.

(i) Multi-step sealed bidding. When considered impractical to initially prepare a purchase description to support an award based on price, an invitation for bids may be issued requesting the submission of unpriced offers to be followed by an invitation for bids limited to those bidders whose offers have been qualified under the criteria set forth in the first solicitation. (Prior code 17.03.020; Ord. 1264 §§2, 3, 2007; Ord. 1288 §1, 2008; Ord. 1329, 2010; Ord. 1366, 2012)