HomeMy WebLinkAboutCompetitive BiddingCode of the City of Miami, Florida, as amended
Sec. 18-85. Competitive sealed bidding.
(a) Conditions for use. Competitive sealed bidding shall be used for the award of all
contracts for goods, equipment and services over $25,000.00, except as otherwise
provided for in this article, where it is both practicable and advantageous for the city to
specify all detailed plans, specifications, standards, terms and conditions so that
adequate competition will result and award may be made to the lowest responsive and
responsible bidder principally on the basis of price; provided, however, that if the amount
of a bid submitted by a bidder who maintains a local office is not more than ten percent
in excess of the lowest other responsive and responsible bidder, such local bidder may
be offered the opportunity of accepting the contract at the low bid amount.
Notwithstanding the foregoing, the city manager may waive competitive sealed bidding
methods by making a written finding which shall contain reasons supporting the
conclusion that competitive sealed bidding is not practicable or is not advantageous to
the city, which findingmust be ratified and the award approved by an affirmative vote of
four -fifths of the city commission after a properly advertised public hearing. When
competitive sealed bidding methods are waived, other procurement methods shall be
followed except for the cone of silence provisions, which shall not be applicable. This
section shall not apply to transfers to the United States or any department or agency
thereof, to the state or to any political subdivision or agency thereof.
(b) Invitation for bids. An invitation for bids shall be issued and shall include, but not be
limited to:
(1) Instructions and information to bidders concerning the bid submission requirements,
including the time and date set for receipt of bids, the address of the office to which bids
are to be delivered, the maximum time for bid acceptance by the city, the right of the city
manager to reject all offers or bids, and any other special information;
(2) The purchase description, qualification factors, delivery or performance schedule,
and such inspection and acceptance requirements as may not be included in the
purchase description;
(3) The contract terms and conditions, including warranty and bonding or other security
requirements, as applicable;
(4) The date, time and place at which any prebid conference may be held and whether
attendance at such conference is a condition for bidding; and
(5) The place where any documents incorporated by reference may be obtained.
(c) Bidders lists. Bidders lists may be compiled to provide the city with the names of
businesses which may be interested in competing for various types of city contracts.
Unless otherwise provided, inclusion or exclusion of the name of a business does not
indicate whether that business is responsible in respect to a particular procurement or
otherwise capable of successfully performing a particular city contract.
(d) Public notice. Notice inviting bids shall be published at least once in a newspaper
of general circulation in the city a reasonable time prior to bid opening; but in any event
at least 15 calendar days shall intervene between the last date of publication and the
final date for submitting bids. Such notice shall state the general description of the goods
or services to be purchased, the place where a copy of the invitation for bids may be
obtained, and the time and place for opening of bids. In addition, the chief procurement
officer may solicit bids from all responsible prospective suppliers listed on a current
bidders list by sending such bidders copies of the notice to acquaint them with the
proposed purchase.
(e) Prebid conferences. Prebid conferences may be conducted to explain the
requirements of the proposed procurement and shall be announced to all prospective
bidders known to have received an invitation for bids. Conferences should be held long
City of Miami Code Sections 18-85, 18-87. and 18-90 from Municode as of 02/19/08
enough after the invitations for bids have been issued to allow prospective bidders to
become familiar with the proposed procurement, but sufficiently before bid submission to
allow consideration of the conference results in preparing their bids. Nothing stated at a
prebid conference shallchange the invitation for bids unless a change is made by written
addendum, which shall be supplied to all those prospective bidders known to have
received an invitation for bids. All prebid conferences shall be recorded, and, if a
transcript is made, such transcript shall be a public record.
(f) Bid opening. All bids shall be submitted sealed to the city clerk and shall be opened
publicly by the city clerk or designee in the presence of one or more witnesses at the
time and place stated in the public notice and in the invitation for bids. The amount of
each bid and such other relevant information as may be deemed desirable, together with
the name of each bidder, shall be recorded; the record and each bid shall be open to
public inspection.
(g) Bid acceptance and evaluation. Bids shall be evaluated based on the requirements
set forth in the invitation for bids, which may include criteria to determine acceptability
such as inspection, quality, workmanship, delivery and suitability for a particular
purpose. Those criteria that will affect the bid price and be considered in evaluation for
award, such as discounts, transportation costs, and total or life cycle costs shall be
measured objectively. No criteria may be used in bid evaluation which were not set forth
in the invitationfor bids. The results of the evaluation and tabulation of bid prices shall be
transmitted by the chief procurement officer to the city manager.
(h) Award. The procurement shall be awarded with reasonable promptness by written
notice to the lowest responsive and responsible bidder, whose bid meets the
requirements and criteria set forth in the invitation for bids except as otherwise provided
in this section. For any procurement, including contracts, a bid to be awarded which
exceeds $25,000.00 shall be awarded by the city manager only upon certification of the
results of the evaluation and the bid tabulation by the chief procurement officer as being
in compliance with competitive sealed bidding methods, except as otherwise provided in
this article. Copies of the city manager's award shall be delivered to the chief
procurement officer and all affected department directors.
All bid awards in excess of $50,000.00 must be approved by the city commission
upon recommendation by the city manager. The decision of the city commission shall be
final. Threshold amounts referenced herein shall include the values associated with
potential options of renewal. Awards made by the city manager or by the city
commission shall include authority for all subsequent options of renewal, if any. The
aforementioned options of renewal shall be exercisable at the option of the city manager
if, after review of past performance under the contract, the city manager determines, in
his/her sole discretion, that exercise of the option of renewal is in the best interest of the
city.
The city commission or the city manager shall have the authority to reject any or
all bids or portions of bids, or to negotiate with the lowest bidder for better pricing.
In the event only one bid is received, the city may award to the sole bidder,
negotiate for better pricing or may re -bid, whichever is in the best interest of the city.
The city manager shall submit to the city commission on a monthly basis a list of
procurements or contracts awarded by the city manager.
(Ord. No. 12271, § 2, 8-22-02)
City of Miami Code Sections 18-85, 18-87. and 18-90 from Municode as of 02/19/08
Sec. 18-87. Professional services as defined in F.S. § 287.055, as amended
from time to time; award of certain professional agreements not exceeding
$500,000.00 by the city manager.
(a) In the procurement of professional services covered by the Consultant's
Competitive Negotiation Act, the provisions of F.S. § 287.055, as amended, as
supplemented by applicable provisions of the procurement ordinance, shall govern.
(b) The city manager is authorized to promulgate and implement administrative
procedures not inconsistent with Florida Statutes or the purchasing ordinance.
(c) Definitions. For purposes of this section the following words shall have the
meanings ascribed to them in the Consultant's Competitive Negotiation Act, F.S. §
287.055, as amended:
(1) Agency.
(2) Firm.
(3) Compensation.
(4) Agency official.
(5) Project.
(6) Continuing contract.
(7) Design -build firm.
(8) Design -build contract.
(9) Design criteria package.
(10) Design criteria professional.
(11) Professional services.
The following are additional definitions not defined in CCNA that may apply to
projects under this section:
(12) Value -analysis means an organized approach to optimizing both cost and
performance in a new or existing facility or eliminating items that add cost without
contributing to required function.
(13) Life -cycle costing means that process whereby all the expenses associated with
the operation, maintenance, repair, replacement, and alteration costs of a facility are
included.
(14) Capital Improvements Program (CIP) shall mean the work and materials
authorized for construction, rehabilitation, restoration or betterment of streets, avenues
and other public thoroughfares, public parks, buildings, and/or other public properties,
and other municipal public improvements included within the city's adopted Capital
Improvement Program, as amended or modified by the city commission from time to
time.
(d) File of qualifications for CCNA firms. In the procurement of professional services
covered by CCNA, the chief procurement officer may encourage the firms engaged in
the lawful practice of their professions to submit a statement of qualifications and
performance data. This information shall be held in the purchasing division and shall
become part of the basis for selection of professional firms to serve the city. The list of
qualifications shall contain the type of services provided by each firm, the staff available,
their areas of specific expertise, and any forms then currently required by the city, the
county or the state. The city may request supplemental information from any firm to be
kept on file.
(e) Public announcement. The chief procurement officer shall publicly announce as
required by the Consultant's Competitive Negotiation Act, F.S. § 287.055, as amended,
each such occasion when Professional Services are required. The public announcement
shall be made in a uniform and consistent manner.
City of Miami Code Sections 18-85, 18-87. and 18-90 from Municode as of 02/19/08
(f) Review of qualifications. A selection committee appointed by the city manager shall
review all qualifications and submittals of those firms responding to the public
announcement for professional services issued by the city. As provided by CCNA, the
firms desiring to provide professional services must first be certified by the city as fully
qualified to provide the required service. Among the factors to be considered in making
this finding are the capabilities, adequacy of personnel, past record, and experience of
the firm.
(g) Short list. The selection committee shall reduce the number (short-list) at least three
firms for further discussion. This requirement is not applicable if fewer than three firms
deliver submittals.
(h) The committee shall conduct discussions with, and may require public presentations
by, no fewer than three firms. The requirements for the discussion or presentation will be
the same for each firm short-listed. The committee shall select, in order of preference,
no less than three firms (unless fewer than three firms deliver submittals) determined to
be the most highly qualified to perform the required services. In making such
determinations the committee shall consider the factors set forth in CCNA, as amended.
Any applicable local preference awarded pursuant to law shall not violate the principal of
selection of the most qualified firm.
(i) Ranking reported. On completion of the committee selection process the committee
shall report the ranking order of the firms to the city manager. The city manager shall
immediately advise the mayor and city commission in writing of the three or more firms
selected and their ranking order of preference. The city clerk will be provided with a copy
of each report and memo referenced in this section.
(j) Negotiations proceed if no concern is expressed. If no commissioner or the mayor
individually indicate a concern with the ranking of the selection committee within five
working days of the transmittal of the memo reporting the ranking the city manager will
proceed with negotiations.
(k) Procedure if a concern is expressed. If the mayor or a commissioner have concerns
which cannot be resolved without impacting the order of the ranking or selection, an item
shall be placed before the city commission to approve the selection and ranking or,
alternatively, to refer the item back to the selection committee.
(I) Negotiations. The city manager may, after five consecutive business days of
notification of the ranking to the mayor and the city commission attempt to negotiate with
the highest ranked firm to perform services at compensation which is, in the opinion of
the city manager, determined to be fair and reasonable. Compensation include all
reimbursable expenses. If the city manager is unable to negotiate a satisfactory contract
with the firm obtaining the highest-ranking negotiations with that highest ranked firmshall
be terminated. The city manager shall then undertake negotiations with the second
ranked firm. If these negotiations also prove unsatisfactory, negotiations will again be
terminated and the city manager will negotiate, in turn, with each firm in accordance with
it's ranking by the committee, until an agreement is reached, or the short list is
exhausted. When a short list is exhausted, a new solicitation shall be initiated by the city,
unless otherwise decided by the city commission.
(m) Award of contract. Notwithstanding any other provision of the purchasing
ordinance, at the successful conclusion of negotiations the city manager may award and
execute contracts for professional services, as defined by CCNA, which do not exceed
$500,000.00 in total compensation. The decision of the city manager shall be final.
Compensation referenced herein shall include all reimbursable expenses and contract
values associated with potential options for renewal. All professional service contract
awards of $500,000.00, or more in total compensation under this section shall be made
by the city commission, whose decision shall be final.
City of Miami Code Sections 18-85, 18-87. and 18-90 from Municode as of 02/19/08
Awards made by the city manager or city commission, as applicable, shall
include authority for all subsequent options of renewal, if any.
(n) Report to city commission. The city manager shall submit to the city commission, on
a bi-monthly basis, a listing of any contracts including the names of the firms, the names
of the projects, and the amount of compensation of any contracts the city manager has
awarded under this section.
All contracts awarded under this section shall be executed by the city manager,
approved as to insurance requirements by the risk manager, and approved as to legal
form by the city attorney.
(o) Delegation of authority. Excepting the execution of contracts, the city manager may
delegate his or her duties under this section to the chief procurement officer or the
administrative head of the using agency.
(Ord. No. 12349, § 2, 3-27-03)
Editor's note: Ord. No. 12349, § 2, adopted March 27, 2003, amended § 18-87 in its
entirety to read as herein set out. Formerly, § 18-87 pertained to professional services
as defined in F.S. § 287.055, as amended from time to time, and derived from Ord. No.
12271, § 2, adopted August 22, 2002.
Sec. 18-90. Emergency procurements.
In case of emergency, it is not advantageous or practicable for the city to use
competitive bidding methods. Therefore, the city may purchase directly those goods or
services whose immediate procurement is essential to the life, health, welfare, safety or
convenience of the city. Such emergency procurements shall nevertheless be made with
such competition as may be practicable under the circumstances.
(1) In seeking a waiver of competitive bidding methods for emergency procurements
that do not exceed $25,000.00, the head of the using department or office shall submit to
the chief procurement officer in writing a full explanation of the circumstances of the
emergency and the reasons for selection of a particular firm, along with a list of others
which may have been solicited, with an approved requisition by the director of the
requesting department.
(2) In seeking the waiver of competitive sealed bidding methods for emergency
procurements exceeding $25,000.00, the head of the using department or office shall
submit to the chief procurement officer and the city manager in writing a full explanation
of the circumstances of the emergency and the reasons for selection of a particular firm,
along with a list of others which may have been solicited, and certification of fund
availability from the director of the department of management and budget. The city
manager may then waive competitive sealed bidding requirements after making a written
finding, supported by reasons, that an emergency exists. Such finding must be ratified
by an affirmative four -fifths vote of the city commission at the next available city
commission meeting.
(3) Notwithstanding anything to the contrary contained in this Code, the city manager
may direct the chief procurement officer to purchase directly those goods and/or
services required by the Urban Search and Rescue Task Force when activated to
perform its obligations under the existing provisions of the memorandum of
understanding with the state and/or the Federal Emergency Management Agency,
(FEMA). Such emergency procurements shall nevertheless be made with such
competition as may be practicable under the circumstances. If necessary, the city
manager may waive competitive sealed bidding methods for such emergency
procurements, after making a written finding, supported by documentation that the Urban
Search and Rescue Task Force has been officially activated. Such finding and waiver
City of Miami Code Sections 18-85, 18-87. and 18-90 from Municode as of 02/19/08
must be ratified by an affirmative four -fifths vote of the city commission at the next
regularly available city commission meeting for contracts exceeding $25,000.00.
All emergency awards shall be filed and maintained by the purchasing
department as a permanent and public record of the purchase.
(Ord. No. 12271, § 2, 8-22-02)
City of Miami Code Sections 18-85, 18-87. and 18-90 from Municode as of 02/19/08