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Page 26 of 51 <br />bids, is the lowest in price. The sealed bids method is the preferred method for <br />procuring construction, if the conditions. <br />(i) In order for sealed bidding to be feasible, the following conditions should be <br />present: <br />(A) A complete, adequate, and realistic specification or purchase description is <br />available; <br />(B) Two or more responsible bidders are willing and able to compete effectively for <br />the business; and <br />(C) The procurement lends itself to a firm fixed price contract and the selection of <br />the successful bidder can be made principally on the basis of price. <br />(ii) If sealed bids are used, the following requirements apply: <br />(A) Bids must be solicited from an adequate number of qualified sources, <br />providing them sufficient response time prior to the date set for opening the <br />bids, for local, and tribal governments, the invitation for bids must be publicly <br />advertised; <br />(B) The invitation for bids, which will include any specifications and pertinent <br />attachments, must define the items or services in order for the bidder to <br />properly respond; <br />(C) All bids will be opened at the time and place prescribed in the invitation for <br />bids, and for local and tribal governments, the bids must be opened publicly; <br />(D) A firm fixed price contract award will be made in writing to the lowest <br />responsive and responsible bidder. Where specified in bidding documents, <br />factors such as discounts, transportation cost, and life cycle costs must be <br />considered in determining which bid is lowest. Payment discounts will only be <br />used to determine the low bid when prior experience indicates that such <br />discounts are usually taken advantage of; and <br />(E) Any or all bids may be rejected if there is a sound documented reason. <br />(2) Proposals. A procurement method in which either a fixed price or cost -reimbursement <br />type contract is awarded. Proposals are generally used when conditions are not <br />appropriate for the use of sealed bids. They are awarded in accordance with the <br />following requirements: <br />(i) Requests for proposals must be publicized and identify all evaluation factors and <br />their relative importance. Proposals must be solicited from an adequate number of <br />qualified offerors. Any response to publicized requests for proposals must be <br />considered to the maximum extent practical; <br />(ii) The non -Federal entity must have a written method for conducting technical <br />evaluations of the proposals received and making selections; <br />R22AP00055 Agreement Template <br />City of Santa Ana (0112021) <br />