(9) If the board awards the contract to a bidder other than the lowest bidder, the board must state in the minutes or memoranda, at the time the award is made, the factors used to determine which bidder is . until June 1, 2023, pursuant to L.2003, c. 62, pt. The meaning of NONRESPONSIVE is not giving response : not responsive. Involving responsibility; involving a degree of personal accountability on the part of the person concerned. Determining Responsive Bids. 1. Responsive Bidder/Proposer: A contractor, business entity, or individual who has submitted a bid or proposal that fully conforms in all material respects to the Invitation for Bids (IFB)/Request for Proposals (RFP) and all of its requirements, including all form and substance (NGIP). •Lowest responsive, responsible bidder •Complete Submittals (Review required documents) •Informal Award ITB Invitation To Bid •Lowest responsive, responsible bidder •Complete Submittals (Review required documents) •Informal award vs Formal award ITB Best Value Bids •Awarded based on specific evaluation criteria No opportunity for resolution will be considered under these circumstances: • The bidder misses the published deadline for submitting a bid. Indeed, O.C.G.A. VetPride Services' (VS) letter of protest is included by reference. Where specified in bidding documents, factors such as discounts, transportation cost, and life cycle costs must be considered in determining which bid is lowest. In determining whether a bid or proposal is non-responsive, the decision for - responsive bid. 2. LOCAL PUBLIC CONTRACTS LAW 1. not responsive. A procurement method in which bids are publicly solicited and a firm fixed-price contract (lump sum or unit price) is awarded to the responsible bidder whose bid, conforming with all the material terms and conditions of the invitation for bids, is the lowest in price. Previous 1 Next. 118 (1931), the Supreme Court of Pennsylvania observed that, once the pubic entity has determined the lowest responsible bidder, discretion ends, and the . Determine most responsive and responsible bidder at lowest price. An RFP is a solicitation in which the University requests proposals for a particular project or program, and typically anticipates a long-term relationship between the . Responsive Bid means a bid submitted in response to this solicitation that conforms in all material respects to this IFB. responsible bidder. In Pearlman v. City of Pittsburgh , 304 Pa. 24, 155 A. The following scenarios/errors will render a Prime Contractor's bid to be non-responsive. § 11-35-3020(c)(i). Except as otherwise expressly provided by an act of the legislature or by a local law adopted prior to . - A bidder is responsible if they are capable or qualified to perform the work. (of a job or position) involving important duties, independent decision-making, or control over others. Non-responsive implies that the Offeror did not respond to a material element of the solicitation. She has a responsible position in the firm. Administrative Review Responsive and Non-responsive Responsive means, in relation to a bidder, that the person has There is a fine line between responsiveness and responsibility. Definitions Responsible bidder or offeror . Responsive and Responsible "Responsive" relates to the tangible documents submitted to the State by the designated date; all information requested my be provided. (A) award the contract for public work or improvements to the lowest responsible and responsive bidder; or (B) reject all bids submitted. Once the low responsible and responsive bidder is identified, a Notice of Intent to Award letter shall be sent to all bidders identifying the winning bid, for service contracts. For this procurement method, DAS Procurement Services on behalf of an agency, or an agency with delegated procurement authority, collectively termed, a procuring agency, issues an Invitation to Bid (ITB) to initiate the Public Improvement Competitive Bidding process. New York Consolidated Laws, General Municipal Law - GMU § 103. Awarding a Contract. Additionally, a "responsive bid" means a bid, or proposal, or reply submitted by a responsive and responsible vendor that conforms in all material respects to the solicitation. Applies to both bids and proposals Governor's Office of Small, Minority & Women Business Affairs "Responsible" relates to the bidder's technical capability to deliver the product/service as required; reliability and Procurement Services considers a responsible and responsive bidder to be a business that has skill, judgment, and integrity, and that is found to be competent, reliable, experienced, and qualified financially. The current law now allows local governments to use the competitive sealed bid method required for counties by prior law, or to use the competitive sealed proposal method. As the GAO stated in its decision, if the solicitation had required the bidders to submit a "practicable" construction . Responsive and Responsible "Responsive" relates to the tangible documents submitted to the State by the designated date. Despite the School Board's attempt to use subjective "best value" criteria in its procurement process, the Court held that the Act's "competitive sealed bidding" language required award of the contract to the lowest responsive and responsible bidder. Lowest responsive, responsible bidder standard still applies Non-discrimination requirements still apply HUB - What is Required? Held if needed to clarify service needs. • The bidder does not agree to revise the DBE Form 6 and amount entered in BidExpress to reflect the DBE quote. rule, an agency must award a contract only to the lowest responsive and responsible bidder. Accordingly, being the "lowest" bidder is not the end of the analysis. Responsive and Responsible Bidder means an entity or individual that has submitted a bid that conforms in all material respects to the Invitation to Bid and has the capability in all respects to fully perform the contract Sample 1 Sample 2 Sample 3 Based on 4 documents Responsive and Responsible Bidder. Advertising for bids and offers; letting of contracts; criminal conspiracies. In determining who is a responsible bidder, the governing body may take into account the safety record of the bidder, of the firm, corporation, partnership, or institution represented by the bidder, or of anyone acting for such a firm, corporation, partnership, or institution if: In other words, an agency cannot award to a nonresponsive bidder. See, also, subd. Responsible: To keep these terms straight, remember that "responsive" always refers to "bids" while "responsible" always refers to "bidders." - responsible bidder. Being a primary cause or agent of some event or action . Definitions Responsive bidder means a person who has submitted a bid that conforms in all material respects to the Invitation for Bid.. Definitions cont. November 13, 2017. Therefore, where a page in a bidder's schedule does not clearly show that the prices apply to an option that the IFB requires to be priced, the bid is ambiguous and thus, non-responsive. 'she had risen rapidly to a high and responsible position in the civil service'; ADVERTISEMENT. • The bidder does not agree to revise the DBE Form 6 and amount entered in BidExpress to reflect the DBE quote. The agency typically reserves the right to reject any and all bids as part of the advertisement. On January 27, 2012, the New York State Legislature amended Section 103, subdivision 1, of the General Municipal Law.Pursuant to the amendment, municipalities (including school districts and political subdivisions) are no longer required to adhere to the long-standing "lowest responsible bidder" standard in advertising for purchase contracts and may adopt a "best value" standard instead. Therefore, where a page in a bidder's schedule does not clearly show that the prices apply to an option that the IFB requires to be priced, the bid is ambiguous and thus, non-responsive. What does it take to be a 'responsive bidder'? Bidders shall follow the dispute process found in UW System Administrative Policy 534, Procurement: Disputes, if they want to dispute the award on service contracts. How award is made Lowest responsible bidder: public bid opening So when contractors submit a bid, they use their expertise and knowledge to formulate a bid price that is accurate and competitive, but the bid must also be "responsive" and the bidder must be "responsible." What do these terms mean? 252.0435. Co. v. Adamkus (7th Cir. Therefore, it necessarily followed that the agency was required to refer the determination of Tessa's responsibility to the SBA. and Responsible Bidders and Offerors Presenter: J. Peter Stamps, CPPO, VCO VA Dept of General Services. Award the contract to the lowest responsible bidder whose bid is responsive (see 4.1). Cost does not have to be weighted at 51% or more among factors; however, cost must be primary. State agencies must distribute this memorandum to program operators. Bids and proposals may be rejected on an individual or collective basis. The responsibility of the bidder should be distinguished from the responsiveness of the bid: bidder responsibility relates to the bidder's ability to satisfactorily perform the work whereas responsiveness of the bid relates to the form of the bid. Posted February 11, 2015. X, § 41 . mutual agreement between the Town and the apparent lowest responsive and responsible bidder (or, for a contract requiring payment to the Town, the apparent highest responsive and responsible bidder. Taking exception to a requirement may result in your proposal being . Potential suppliers submit bids for the required project in response to the ITB. Crafty identified four historically underutilized businesses (HUBs, that is, minority and women-owned businesses) that it will use on the project, and states that the HUBs . RCW 39.04.010 requires local agencies to award public works contracts to a responsible bidder with the lowest responsive bid. Sec. Unresponsive adjective. The Act defines a responsive bidder as one "who has submitted a bid that conforms . The protest relating to issues of responsiveness raised at the time of step one of the procurement was untimely since it was filed after award of the second step. Depends on Funding Source and Project Cost 3 Basic Requirements: 1. How to use nonresponsive in a sentence. Thompson Metal Fab, Inc., B-293647, May 4, 2004, 2004 CPD ¶ 109 at 3. Thompson Metal Fab, Inc., B-293647, May 4, 2004, 2004 CPD ¶ 109 at 3. Contracts must be awarded to the lowest responsive and responsible bidder, or to the responsible firm whose proposal is most advantageous to the program with price as the primary factor. To be a "responsive" bid, it must meet the criteria laid out in the bidding documents. 1. The statute doesn't tell local governments how to prequalify bidders, when to prequalify bidders, or how to reconcile prequalification with the lowest responsive, responsible bidder standard of award for informal or formal bidding. Capable of responding to any reasonable claim; able to answer reasonably for one's conduct and obligations; capable of rational conduct. 08/13/2013. Definitions Responsive VPPA 2.2-4301. The review may disclose errors, anomalies and omissions in the bids. 'she had risen rapidly to a high and responsible position in the civil service'; ADVERTISEMENT. Alternatively, an individual bid may be rejected if it is found to be "non-responsive". § 26.9. Responsive vs. Held if needed to clarify service needs. Gary Sejkora, a licensed professional engineer retained by the City, finalized the proposed plans and specifications for the wastewater project on December 3, 2009. Competitive sealed bid vs. competitive proposal methods Prior to the 2000 amendments, counties were required to award only to the lowest responsive, responsible bidder. These officials and bidders must also be aware, however, that this inquiry should be undertaken with care so as not to abuse their discretion. No opportunity for resolution will be considered under these circumstances: • The bidder misses the published deadline for submitting a bid. The review may also point out weaknesses in the bid or contract documents, or improper tendering practices by bidders. These stated that a public hearing would be held on the plans and specifications on December 21, 2009, and that the Optional. Applies to both bids and proposals Governor's Office of Small, Minority & Women Business Affairs "Responsible" relates to the bidder's technical capability to deliver the aloof or indifferent; 'was unresponsive to her passionate advances'; Unresponsive adjective. Pierre Alric. App. This section discusses the separate concepts of bidder responsibility and bid responsiveness as they relate to the public agency's review of bid proposals and award of contract. Any issue related to the determination of responsibility may be discussed with the apparent low bidder or winning offeror prior to award. 8 Procurement: Overview Making a decision on whether a bid is responsive or non-responsive relates to whether any type of irregularity in the bid gives the bidder a substantial advantage or benefit not enjoyed by other bidders. The government can, and is obligated to, assure that the bidder can perform. February 16, 2016 By Andrew Smith In a previous article we discussed the requirement that, if it awards a public works contract, a public entity in the State of Georgia must award the contract to the "lowest responsible and responsive bidder," unless an exception to this requirement applies. A "responsive bid" is an unequivocal offer by the bidder to do everything required by the construction and bid documents, without exception. ADVERTISEMENT. When a government buying agency invites vendors to submit a bid, it has very specific requirements in mind. Responsible VPPA 2.2-4301. If the agency is looking for paper drinking cups, don't submit a bid for plastic cups, even if you think the plastic ones would be better. 3. (a) if a state agency or political subdivision is required by law or by an ordinance or resolution adopted under division (c) of this section to award a contract to the lowest responsive and responsible bidder, a bidder on the contract shall be considered responsive if the bidder's proposal responds to bid specifications in all material respects … Agencies may not negotiate with any of the bidders. Technically unacceptable is where the Offeror failed to meet a minimum technical requirement. Competitive Proposal/Request for Proposal (RFP) Price is a factor and can be negotiated. Pierre.Alric@ogs.ny.gov. [Eff. (James Luterbach Constr. Responsive Bidder or Offeror means a person who submits a bid or proposal which conforms in all material respects to the invitation for bids or request for proposals. one bidder meets the eligibility requirements or criteria, after which it submits a bid which is found to be responsive to the bidding requirements; or (c) If after the eligibility check, more than one bidder meets the eligibility requirements, but only one bidder submits a bid, and its bid is found to be responsive to the bidding requirements. Government Contracting Database Responsiveness The responsiveness of a bid is determined at the time of bid opening. No opportunity for resolution will be considered under these circumstances: • The bidder misses the published deadline for submitting a bid. Non-responsive is not the same as technically unacceptable. )1 • how addenda, if necessary, will be issued Example: If any changes are made to this IFB, an addendum will be issued. Responsible adjective. The Office of the President is available to provide assistance in preparing the Advertisement For Bids From Prequalified Contractors, the Prequalification Questionnaire, the Prequalification Evaluation and the Announcement to Prequalified Bidders. (D) A firm fixed price contract award will be made in writing to the lowest responsive and responsible bidder. As adjectives the difference between responsible and responsive. A deviation from the Bid Documents is . After evaluating the bids you've received, you determine that Crafty Contractor Construction Company ("Crafty") is the apparent lowest responsive, responsible bidder. If lowest bid is responsive and lowest bidder is responsible, you may recommend awardingthe contract to this bidder. A "responsible" bidder is "a bidder who has demonstrated the attributes of trustworthiness, as well as quality, fitness, capacity, and experience to satisfactorily perform the public works contract" (e.g., the bidder has previously been disqualified, removed or otherwise prevented from bidding on, or completing a federal, state or local government project because of a violation of law . Specifically, responsiveness requires that a bid or proposal respond and conform to the requirements of the invitation for bids or request for proposals (the "Bid Documents"). A bidder is responsible if it can perform the contract as promised. [Attachment 1] AUTHORITY . A protester to a contract award solicited under a two-step procurement claimed that the awardee was not responsible nor responsive. Protest alleging apparent successful bidder's detailed pricing did not include all staffing requirements of the solicitation and was therefore non-responsive and non-responsible, is denied. If a bid contains qualifications, conditions, or exclusions that differ from the requirements stated in the construction documents, or . The Chief Procurement Officer. A responsive bid meets all of the requirements of the bidding documents, while a non-responsive bid doesn't. Making a decision on whether a bid is responsive or non-responsive relates to whether any type of irregularity in the bid gives the bidder a substantial advantage or benefit not enjoyed by other bidders. Determine the lowest bid from a responsive and responsible bidder, and award the contract. (32) "Responsible" means able to complete the contract in accordance with its requirements, including but not limited to requirements pertaining to experience, moral integrity, operating capacity, financial capacity, credit, and workforce, equipment, and facilities availability. not susceptible to suggestion or influence. Price should be the primary factor (for example, not necessarily 51%, it just must be the greatest number of all factors so could be 25% if everything else listed in . 1986) 781 F.2d 599, 601.) (ii) Two or more responsible bidders are willing and able to compete effectively for the business; and (iii) The procurement lends itself to a firm fixed price contract and the selection of the successful bidder can be made principally on the basis of price. 3d 1342] requiring, in many cases, an . A bid is responsive if it "conforms in all material aspects to the invitation for bids" Section 11-35-1410(7). On January 27, 2012, the New York State Legislature amended Section 103, subdivision 1, of the General Municipal Law.Pursuant to the amendment, municipalities (including school districts and political subdivisions) are no longer required to adhere to the long-standing "lowest responsible bidder" standard in advertising for purchase contracts and may adopt a "best value" standard instead. This applies to informal bidding, such as a small works roster, as well as formal competitive bids. Return to top. The sealed bids method is the preferred method for procuring construction, if . In order to be found responsive, "a bid must comply in all material respects with the invitation for bids." This means that the bidder must be willing to comply with all of the essential requirements of the solicitation. Optional. 1. Responsiveness determinations are made on a case-by-case basis with significant input from attorneys. § 36-91-2 (14) defines a "responsive bidder" or "responsive offeror" as "a person or entity that has submitted a bid or proposal that conforms in all material respects to the requirements set forth in the invitation for bids or requests for proposals." (emphasis added). Responsible adjective. 518-473-2899. the responsible commission, council or board in the case of a subdivision of the State, if such bidder will agree to perform the work or provide the apparatus, supplies, materials, or equipment at the negotiated price within the funds available therefor. Unresponsive adjective. Goals set by local government 2. In conclusion, bidders and government officials alike should always be aware that they are not bound to the lowest number. - A bid is responsive if the bid meets all of the requirements of the . S.C. Code Ann. Where the lowest bidder is either non-responsive or non-qualified, the contract may be awarded to a bidder whose price is not the lowest. Experience, A determination that a bidder is responsible is a complex matter dependent, often, on information received outside the bidding process and [195 Cal. 143-129(b)). This article addresses what it means to be a "responsive bidder." While responsibleness focuses on the bidder or proposer, responsiveness focuses on the bid or proposal. • The bidder does not agree to revise the DBE Form 6 and amount entered in BidExpress to reflect the DBE quote. Unresponsive adjective. Participation efforts •By local government •By Bidder 3. 1 These procurement methods are designed to provide free and open competition and ensure that federal funds—when used to purchase products or services—result in the best and most responsive product at the lowest possible price. (2) If sealed bids are used, the following requirements apply: The topic of Contractor Responsibility is covered in the Best Practices Procurement Manual, Section 4.1 - Responsibility of Contractor. OGS. The following scenarios/errors will render a Prime Contractor's bid to be non-responsive. Once all responsible and responsive bidders to a solicitation have been scored and ranked, the residency of each bidder shall be identified. (of a job or position) involving important duties, independent decision-making, or control over others. Being responsive means giving the government exactly what it wants. A responsive bidder is a bidder whose offer meets the specifications or requirements provided in the bid document or solicitation. Most bidders on Invitations for Bids or Requests for Proposals on State and Local Government Contracts or Public Works Projects in California are familiar with Post-Bid or Post-Award Bid Protests.. To be determined responsible, a prospective contractor must- (a) Have adequate financial resources to perform the contract, or the ability to obtain them (see 9.104-3(a)); (b) Be able to comply with the required or proposed delivery or performance schedule, taking into consideration all existing commercial and governmental business commitments; (c) Have a satisfactory performance record (see 9 . SAFETY RECORD OF BIDDER CONSIDERED. 1 below.] responsible bidder. Note:If the cost of the bid is in excess of funds available and bidder agrees to negotiate, may negotiate with bidder to bring within budget so long as scope of project is not substantially modified (G.S. § 36-91-2 (13) defines a "responsible bidder" or "responsible offeror" as "a person or entity that has the capability in all respects to perform fully and reliably the contract requirements." 3. If a contract cannot be let under the is that responsible is answerable for an act performed or for its consequences; accountable; amenable, especially legally or politically while responsive is answering, replying or responding. If a bidder is on the list of non-responsible entities, State agencies and authorities are precluded by EO 192 from awarding the contract to the bidder unless the agency or authority obtains a waiver from the Counsel to the Governor. • Responsive means the bidder conforms in all material aspects to the requirements of the solicitation at the scheduled time of submission • "Material" means affecting the substance of the bid (e.g., price, quantity, quality, timeline) • Responsiveness determination • Responsible means that the bidder possesses the ability, the "lowest responsive, responsible bidder." Id. A preference equal to the preference given or required by the state of the highest evaluated nonresident bidders shall be given to all responsive and responsible resident bidders. The following scenarios/errors will render a Prime Contractor's bid to be non-responsive. 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