§ 63G-6a-604. Bid opening and acceptance.

(1) Bids shall be opened:

(a) publicly, except as provided in Section 63G-6a-611;

(b) in the presence of one or more witnesses, unless an electronic bid opening process is used where bidders may see the opening of the bid electronically; and

(c) at the time and place indicated in the invitation for bids.

(2) Bids shall be accepted unconditionally, without alteration or correction, except as otherwise authorized by this chapter.

(3)

(a) The procurement officer shall reject a bid that is not responsive or responsible.

(b) A bid that is not responsive includes a bid that:

(i) is conditional;

(ii) attempts to modify the bid requirements;

(iii) contains additional terms or conditions; or

(iv) fails to conform with the requirements or specifications of the invitation for bids.

(c) A bid that is not responsible includes a bid where the procurement officer reasonably concludes that the bidder or an employee, agent, or subcontractor of the bidder, at any tier, is unable to satisfactorily fulfill the bid requirements.

(4) An issuing procurement unit may not accept a bid after the time for submission of a bid has expired.

(5) The procurement officer shall:

(a) record the name of each bidder and the amount of each bid; and

(b) after the bid is awarded, make the information described in Subsection (5)(a) available for public disclosure.

Amended by Chapter 445, 2013 General Session