Sealed Bid Procurement Process - Nonprofits

Goods and/or services with a clearly definable work scope/specifications and firm fixed price

• Determining factor:  Lowest responsive and responsible bidder
• Example:  fleet vehicles; contractors/vendors for fixed price jobs

Note: Per §TAC 1.404 (f) and Community Affairs contracts, all vehicles purchased with state or federal funds must be pre-approved by the Department via written correspondence. Additionally, certain equipment and capital expenditures might require prior written approval from the Department as outlined within 2 CFR §200.439 and/or the “Procurement Standards” section of your program contracts. Examples include: general purpose equipment, buildings, land, special purpose equipment, etc.

When using the Sealed Bid procurement method, bids for required services are formally and publicly solicited and a firm fixed-price contract is awarded to the lowest responsive and responsible bidder.

Identify Staff Involved in the Purchase Process

Individuals involved in the procurement process may include, but are not limited to:

• Program Director or Manager
• Specialists
  • Purchasing
  • Legal
  • Construction inspector or manager
  • Quality Control
  • Accounting/budget/audit professionals

The Administrator does not need to identify separate individuals for each of the following roles. One individual may assume several of the roles outlined below as long as the assignment of roles maintains separation of duties and avoids conflict of interest.

Avoid Conflict of Interest

Administrator must ensure there is sufficient separation of staff duties to avoid conflicts of interest during the procurement process. For example:  Someone other than the person(s) conducting the purchasing processes should review and approve payment for the goods/services procured; employees in the purchasing function should not have record-keeping responsibilities in the cash disbursement system; employees involved in the receipt of goods from vendors should not be involved in the purchasing or cash disbursement processes.

Conflict of interest occurs when a "covered person" inappropriately benefits, either directly or indirectly, as a result of:

• Procurement actions taken in the administration of federal funding; or
• Receipt of assistance provided by federal funding 

Covered persons include: 

• All employees, officers, elected or appointed officials, and agents of the Administrator, and their family members, partners, and associates

Covered persons canNOT:

• Participate in procurement  of the beneficiary for contractual award or selection of the beneficiary for assistance
• Conduct business with the procured provider or the assisted individual
• Solicit or accept gratuities, favors, or items of monetary value from the procured provider or the assisted individual

Sample Conflict of Interest Policy (PDF)

Staff Duties

One individual may assume several duties outlined below as long as the assignment maintains separation of duties and avoids conflict of interest.

Procurement Oversight: The individual responsible for procurement oversight assumes all responsibility for ensuring that the procurement process is compliant and timely.

Compliance with Internal Policy: Administrator must identify individual(s) responsible for ensuring appropriate procurement procedures are conducted in accordance with Administrator's written procurement policies and procedures to:

• Ensure free and open competition
• Use appropriate methods for soliciting goods and services
• Determine the best value for goods and services purchased
• Comply with local/state/federal requirements

Contract Management: The individual(s) responsible for overseeing contract management must ensure the following factors are appropriately addressed:

• Compliance with applicable local/state/federal policies, procedures, rules, and regulations
• Development of contractual timelines to ensure program benchmarks are met
• Records management and documentation
• Appropriate expenditure of funds
• Quality goods and services obtained at lowest reasonable prices
• Development and negotiation of contracts/agreements awarded
• Post-procurement monitoring of contractor performance

Timeline Tracking: The individual responsible for overseeing procurement timelines must ensure that procedures are undertaken in a timely manner so that goods/services are received in sufficient time to allow compliance with program requirements and contractual benchmarks.  Any variations must be acknowledged and the procurement timeline adjusted as necessary. See #4 for additional guidance.

Developing the of Scope of Work: The individual responsible for developing the Scope of Work must be qualified to assess the technical requirements for the required materials/products/services. See #5 for additional guidance.

Evaluation of Proposals Received: Administrator must designate a committee responsible for the objective assessment and selection of proposals based on established evaluation criteria. See #8 for additional guidance.

Ensure procurement procedures are undertaken in a timely manner so that goods/services are received in sufficient time to allow compliance with program requirements and contractual benchmarks.   Consider the following factors:

• • Time required to develop the Scope of Work
• • Construction activities – requires physical inspection of property and development of Work Write-up/Cost Estimate by a qualified individual (if applicable)
• • Goods/services – requires analysis of product/services required and descriptive write-up for solicitation of quotes or proposals
• • Time required to develop Invitation for Bid (IFB)
• Required publication period for IFB
• • Subrecipient must advertise formally and publicly. Advertising beyond the Subrecipient's service area is allowable and recommended by the Department.
• • Time required for solicitation of quotes from vendors or submittal of bids by service providers
• • The advertisement should include, at a minimum, a sufficient response time prior to the closing date of the bid request.
• Time required to review bids
• Time required for formal approval by board (if applicable)
• Time required to develop an appropriate contract (if applicable) and execute the agreement
• Allowance for unforeseen circumstances or delay
• Allowance for potential bidder protest
• Be aware of contractual benchmarks or terms

Contract or Agreement Terms: Consider the length of the contract being awarded, and include sufficient time for the vendor/service provider to prepare, implement and finish the entire project.

Threshold or Production Timelines: Consider including performance thresholds with specific benchmark completion dates identified in the contract.

Create a thorough, detailed description of the goods/services to be purchased.  Include specifications, standards, and minimum qualifications desired.  Factors to be considered in the Scope of Work include, but are not limited to:

• Essential characteristics of the required product/service
• Quality and quantity of materials/products/services
• Minimum required standards for labor or materials, as applicable
• Requirements related to:
  • Program rules and regulations
  • Applicable codes/standards and plans/specifications (especially as related to construction)
  • Methods and materials
  • Warranty
• Required date of completion

Guidance: General Guidance on Specification Writing (PDF)

An Invitation for Bid (IFB) is created and published when using the Sealed Bid method of procurement for a building contractor.  The IFB should include:

• Clear and concise description of the work required, or the goods/services requested
• Required timeline for completion of the work, or receipt of goods/services
• Required qualifications for the bidder:
  • Skills, experience, capacity
  • Certifications or license
  • Financial resources
  • References
  • Knowledge of codes/standards/specifications applicable to the program
  • Knowledge of local/state/federal rules and regulations applicable to the program
  • Debarment status
• Instructions for obtaining a bid packet from the Administrator
• Required qualifications for the bidder
• Reference to the applicable funding source or program, possibly including contract or award number
• Information about the location/date/time at which bids must be received, and date on which bids will be publicly opened and awarded.

Sample Documents

• Sample Bidder Protest Policy and Procedures (PDF)
• Sample Invitation for Bid (PDF)
• Sample Contractor Certification Form (PDF)

The bid period begins when the Invitation for Bid (IFB) is published or posted. 

• Publically advertise, or
• Notify pre-approved contractor list (ensure proper procurement of pre-approved list of contractors)

For Sealed Bid, as bidders respond during the bid period:

• Provide bid packets to interested bidders.  Bid packets should include:
  • Addresses and information regarding properties being assisted
  • Desired specifications
  • Applicable codes/standards/requirements
  • Applicable program rules/regulations
  • Timelines for completion
  • Warranty information
  • Method of payment information
  • Copies of any required forms
  • Copy of sample contract
  • Contact information
  • Instructions for submitting the bid (location/date/time)
  • Evaluation criteria
  • Bidder protest procedures
• Schedule a pre-bid conference and/or walkthrough
• Respond to any questions from bidders
• Issue any addenda to the Scope of Work, if required
• Document all activity in this step

Sample Documents

• Sample Policy for Advertising (PDF)
• Sample Invitation for Bids Advertisement (PDF)

Administrator's designated committee or individual must record the receipt of at least two (2) bids. Bids must be:

• Responsive – fully conforms to specific information requested
• Reasonable – include reasonable costs and materials in line with industry practice and work required
  • Determine how reasonable prices are by comparing prices in submitted bids to cost/price analysis done by the Subrecipient
• Responsible – provider possesses suitable skill-set to accomplish the job and evidences ability to perform with integrity and reliability

Bids must be opened at the designated time and place in the presence of witnesses. Selection of bids must be given to lowest responsive and responsible bidder.

Confirm and document the absence of conflict of interest for all bids. Confirm and document the bidder has not been state debarred or federally debarred.

Bids may be rejected if there is a sound documented reason.Accept the lowest responsive, reasonable, and responsible bid and document approval by the Board of Directors.

Accept the lowest responsive, reasonable, and responsible bid and document approval by the Board of Directors.

TDHCA pre-approval is recommended if only one bid is received (non-competitive).

Sample Documents

• Sample Policy on Receipt of Bids (PDF)
• Sample Policy on Documentation of Process (PDF)
• Sample Criteria for Evaluation of Bids (PDF)

• Notify the accepted bidder and the unsuccessful bidders. Allow time for exercise of protest rights by unsuccessful bidders.
• Schedule the pre-construction conference with the accepted bidder and all appropriate parties.
• Execute the firm, fixed-price contract with the accepted bidder.
• Document the steps of this process and ensure copies of all documents are retained in your Procurement file.