Common use of BID EVALUATION AND AWARD Clause in Contracts

BID EVALUATION AND AWARD. a. This contract shall be awarded, if at all, to the responsible bidder whose bid meets the requirements and evaluation criteria set forth in the Invitation For Bids, and whose bid price is either the lowest responsive and responsible bid price or, if the Invitation For Bids so states, the lowest responsive and responsible evaluated bid price. A bid may not be evaluated for any requirement or criterion that is not disclosed in the Invitation for Bid. For the purposes of this IFB, the award will be made to the responsive and responsible bidder that offers the lowest bid price. b. In accordance with Section 3-02 (o)(2) of the Procurement Policy Board Rules, negotiations with the lowest bidder who is also responsive and responsible, shall be allowed to take place in those circumstances in which such negotiations result in terms which are more favorable to the City. c. Nothing in this Section shall be deemed to permit a contract award to a bidder submitting a higher quality item than that designated in the Invitation for Bid if that bid is not also the most favorable bid. d. In accordance with Section 3-02(p) of the Procurement Policy Board Rules, when two or more low responsive bids from responsible bidders are identical in price, meeting all the requirements and criteria set forth in the Invitation for Bids, the Agency Chief Contracting Officer shall break the tie in the following order of priority: (i) Select a certified New York City small minority or woman-owned business entity bidder; (ii) Select a New York City bidder; (iii) Select a certified New York State small, minority or woman-owned business bidder; (iv) Select a New York State bidder. (v) Conduct a Drawing. Tie bidders shall be invited to witness the drawing. A witness shall be present to verify the drawing and shall certify the results on the bid tabulation sheet. e. The Agency may reject a bid if the bidder is determined to be not responsive and not responsible pursuant to the Procurement Policy Board Rules. The bidder has the right to appeal a determination of non-responsiveness or non-responsibility and has the right to protest a solicitation and award, pursuant to Sections 2-07, 2-08, and 2-10 respectively, of the Procurement Policy Board Rules. f. The Department, upon written approval by the Agency Chief Contracting Officer (“ACCO”), may reject all bids and may elect to re-solicit if in its sole opinion it shall deem it in the best interest of the City to do so. The Agency, upon written approval of the ACCO, may determine that it is appropriate to cancel the Invitation for Bids after Bid Opening and before award. g. Unit Price Contracts (i) Comparison of Bids: Bids on Unit Price Contracts will be compared on the basis of a total estimated price, arrived at by taking the sum of the estimated quantities of such items multiplied by the corresponding unit prices, and including any lump sum bids on individual items, in accordance with the Estimate of Quantities set forth in the Bid Form. (ii) Variations from Estimates: Bidders are advised that the Estimate of Quantities of the various items of work and materials is approximate only, given solely to be used as a uniform basis for the comparison of bids, and is not to be considered a part of this Contract. Work may be less or more than so estimated, and if so, no action for damages or for loss of profits shall accrue to the Contractor by reason thereof. If during the progress of the work, the actual quantity of items required to complete the work of any unit item approaches the estimated quantity, and due to errors, site conditions, changes in design or any other reason, it appears that the actual quantity necessary to complete the work will exceed the estimated quantity by 25 percent, the Contractor shall immediately notify the Agency of such anticipated overruns. The Contractor shall not be compensated for work performed in excess of 125 percent of the estimated quantities in the bid schedule without written authorization from the Department.

BID EVALUATION AND AWARD. a. This contract shall be awarded, if at all, to the responsible bidder whose bid meets the requirements and evaluation criteria set forth in the Invitation For Bids, and whose bid price is either the lowest responsive and responsible bid price or, if the Invitation For Bids so states, the lowest responsive and responsible evaluated bid price. A bid may not be evaluated for any requirement or criterion that is not disclosed in the Invitation for Bid. For the purposes of this IFB, the award will be made to the responsive and responsible bidder that offers the lowest bid price. b. In accordance with Section 3-02 (o)(2) of the Procurement Policy Board Rules, negotiations with the lowest bidder who is also responsive and responsible, shall be allowed to take place in those circumstances in which such negotiations result in terms which are more favorable to the City. c. Nothing in this Section shall be deemed to permit a contract award to a bidder submitting a higher quality item than that designated in the Invitation for Bid if that bid is not also the most favorable bid. d. In accordance with Section 3-02(p) of the Procurement Policy Board Rules, when When two or more low responsive bids from responsible bidders are identical in price, meeting all the requirements and criteria set forth in the Invitation for Bids, the Agency Chief Contracting Officer shall will break the tie in the following manner and order of priority: (iI) Select Award to a certified New York City small minority or woman-owned business entity bidder; (ii) Select a New York City bidder; (iii) Select a certified New York State small, minority or woman-owned business bidder; (iv) Select a New York State bidder. (v) Conduct a Drawing. Tie bidders shall be invited to witness the drawing. A witness shall be present to verify the drawing and shall certify the results on the bid tabulation sheet. e. The Agency may reject a bid if the bidder is determined to be not responsive and not responsible pursuant to the Procurement Policy Board Rules. The bidder has the right to appeal a determination of non-responsiveness or non-responsibility and has the right to protest a solicitation and award, pursuant to Sections 2-07, 2-08, and 2-10 respectively, of the Procurement Policy Board Rules. f. The Department, upon written approval by the Agency Chief Contracting Officer (“ACCO”), may reject all bids and may elect to re-solicit if in its sole opinion it shall deem it in the best interest of the City to do so. The Agency, upon written approval of the ACCO, may determine that it is appropriate to cancel the Invitation for Bids after Bid Opening and before award. g. Unit Price Contracts (i) Comparison of Bids: Bids on Unit Price Contracts will be compared on the basis of a total estimated price, arrived at by taking the sum of the estimated quantities of such items multiplied by the corresponding unit prices, and including any lump sum bids on individual items, in accordance with the Estimate of Quantities set forth in the Bid Form. (ii) Variations from Estimates: Bidders are advised that the Estimate of Quantities of the various items of work and materials is approximate only, given solely to be used as a uniform basis for the comparison of bids, and is not to be considered a part of this Contract. Work may be less or more than so estimated, and if so, no action for damages or for loss of profits shall accrue to the Contractor by reason thereof. If during the progress of the work, the actual quantity of items required to complete the work of any unit item approaches the estimated quantity, and due to errors, site conditions, changes in design or any other reason, it appears that the actual quantity necessary to complete the work will exceed the estimated quantity by 25 percent, the Contractor shall immediately notify the Agency of such anticipated overruns. The Contractor shall not be compensated for work performed in excess of 125 percent of the estimated quantities in the bid schedule without written authorization from the Department.

BID EVALUATION AND AWARD. a. This contract shall be awarded, if at all, to 7.1 Award of the responsible bidder whose bid meets the requirements and evaluation criteria set forth in the Invitation For Bids, and whose bid price is either the lowest responsive and responsible bid price or, if the Invitation For Bids so states, the lowest responsive and responsible evaluated bid price. A bid may not be evaluated for any requirement or criterion that is not disclosed in the Invitation for Bid. For the purposes of this IFB, the award Contract will be made to the lowest, responsive and responsible bidder Bidder, where the Bid is reasonable and does not exceed the funds available for the project. The Owner reserves the right to reject all Bids and may waive or allow a Bidder to correct errors, omissions or other irregularities in Bid Documents that offers are found not to have afforded the lowest bid priceBidder a substantial competitive advantage over other Bidders. b. In accordance with Section 3-02 (o)(2) 7.2 Evaluation of Bids shall be based on conditions at the time of the Procurement Policy Board RulesBid opening. Bids for structures deleted from the invitation to bid prior to the Bid opening, negotiations with for structures already demolished, or due to asbestos concerns, shall not be considered in determining the lowest bidder who is also lowest, responsive and responsibleresponsible Bidder. 7.3 The Owner shall have the right to reject any Bid if investigation of the Bidder fails to satisfy the Owner that such Bidder is properly qualified to carry out the obligations and complete the Work. Any or all Bids will be rejected if there is reason to believe that collusion exists among Bidders. 7.4 Patent math errors in statements of Bid prices or totals may be corrected by the Owner, in which case the corrected amounts will be used for the purpose of Bid evaluation, comparison and other award considerations. However, the Owner shall not be required to discover or correct any error or omission in a Bid and the Bidder shall assume the risk of and be bound to the consequences of any such error or omission. 7.5 The Owner may, at its sole option, award the Contract to a Bidder on a conditional basis to afford the Bidder additional time and opportunity to submit required documents or to fulfill other requirements. In such case, the Owner will furnish to the Bidder a notice of conditional award which will establish (i) the additional conditions to be fulfilled for the award to become effective, and (ii) the time limit within which such conditions shall be allowed satisfied. If the Bidder fails to take place satisfy the conditions in those circumstances the manner and within the time specified in which such negotiations result in terms which are more favorable notice, the Owner may declare such Bidder to be non-responsible and award the City. c. Nothing in this Section Contract, conditionally or unconditionally, to another Bidder. Time limitations governing the Owner's award of the Contract shall be deemed extended for such additional period as may be required to permit a contract effectuate the conditional award to a bidder submitting a higher quality item than that designated in the Invitation for Bid if that bid is not also the most favorable bid. d. In accordance with Section 3-02(p) of the Procurement Policy Board Rules, when two or more low responsive bids from responsible bidders are identical in price, meeting all the requirements and criteria procedure set forth in the Invitation for Bids, the Agency Chief Contracting Officer shall break the tie in the following order of priority: (i) Select a certified New York City small minority or womanthis sub-owned business entity bidder; (ii) Select a New York City bidder; (iii) Select a certified New York State small, minority or woman-owned business bidder; (iv) Select a New York State bidder. (v) Conduct a Drawing. Tie bidders shall be invited to witness the drawing. A witness shall be present to verify the drawing and shall certify the results on the bid tabulation sheet. e. The Agency may reject a bid if the bidder is determined to be not responsive and not responsible pursuant to the Procurement Policy Board Rules. The bidder has the right to appeal a determination of non-responsiveness or non-responsibility and has the right to protest a solicitation and award, pursuant to Sections 2-07, 2-08section, and 2-10 respectively, of the Procurement Policy Board Rules. f. The Department, upon written approval by the Agency Chief Contracting Officer (“ACCO”), may reject all bids and may elect to re-solicit if in its sole opinion it shall deem it in the best interest of the City to do so. The Agency, upon written approval of the ACCO, may determine that it is appropriate to cancel the Invitation for Bids after no Bid Opening and before award. g. Unit Price Contracts (i) Comparison of Bids: Bids on Unit Price Contracts will be compared on the basis of a total estimated price, arrived at by taking the sum of the estimated quantities of such items multiplied by the corresponding unit prices, and including any lump sum bids on individual items, in accordance with the Estimate of Quantities set forth in the Bid Form. (ii) Variations from Estimates: Bidders are advised that the Estimate of Quantities of the various items of work and materials is approximate only, given solely to be used as a uniform basis for the comparison of bids, and is not to be considered a part of this Contract. Work may be less or more than so estimated, and if so, no action for damages or for loss withdrawn during such period of profits shall accrue to the Contractor by reason thereof. If during the progress of the work, the actual quantity of items required to complete the work of any unit item approaches the estimated quantity, and due to errors, site conditions, changes in design or any other reason, it appears that the actual quantity necessary to complete the work will exceed the estimated quantity by 25 percent, the Contractor shall immediately notify the Agency of such anticipated overruns. The Contractor shall not be compensated for work performed in excess of 125 percent of the estimated quantities in the bid schedule without written authorization from the Departmentextension.