HomeMy WebLinkAboutBack-Up from Law DeptSec. 18-85. Competitive sealed bidding.
(a)
(b)
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, when a
responsive, responsible non -local bidder submits the lowest bid price, and the bid
submitted by one or more responsive, responsible local bidders who maintain a local
office, as defined in section 18-73, is within 15 percent of the price submitted by the
non -local bidder, then that non -local bidder and each of the aforementioned
responsive, responsible local bidders shall have the opportunity to submit a best and
final bid equal to or lower than the amount of the low bid previously submitted by the
non -local bidder. Contract award shall be made to the lowest responsive, responsible
bidder submitting the lowest best and final bid. In the case of a tie in the best and
final bid between a local bidder and a non -local bidder, contract award shall be made
to the local bidder. 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 finding must be ratified and the award
approved by an affirmative vote of four -fifths of the city commission or an unanimous
vote of the quorum that exists because of either abstentions or vacancies resulting
from resignation, death, suspension, or physical incapacitation 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.
Invitation for bids. An invitation for bids shall be issued and shall include, but not be
limited to:
(1)
(2)
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;
(3)
(4)
(5)
(c)
The purchase description, qualification factors, delivery or performance
schedule, and such inspection and acceptance requirements as may not be
included in the purchase description;
The contract terms and conditions, including warranty and bonding or other
security requirements, as applicable;
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
The place where any documents incorporated by reference may be obtained.
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 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 shall change 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 invitation for 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; Ord. No. 13170, § 2, 5-13-10; Ord, No. 13275, § 2, 7-14-11)