HomeMy WebLinkAboutBack-Up from Law Dept3/28/2017 Miami, FL Code of Ordinances
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, 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.
(b) Invitation forbids. 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)
https://www.municode.com/library/fl/mlami/codes/code_of ordinances?nodeld=PTIITHCO_CH18FI_ARTIIICIMIPROR_S18-85COSEBI 1/3
3/28/2017 Miami, FL Code of Ordinances
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
https://www.municode.com/library/fl/mlami/codes/code_of ordinances?nodeld=PTIITHCO_CH18FI_ARTIIICIMIPROR_S18-85COSEBI 2/3
3/28/2017 Miami, FL Code of Ordinances
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)
https://www.municode.com/library/fl/mlami/codes/code_of ordinances?nodeld=PTIITHCO_CH18FI_ARTIIICIMIPROR_S18-85COSEBI 3/3
Sec. 18-86. - Competitive negotiations/competitive sealed proposals.
(a) Conditions for use.
(1) Competitive negotiations/competitive sealed proposals shall be used in those circumstances in
which it is both practicable and advantageous for the city to consider a range of competing plans,
specifications, standards, terms and conditions so that adequate competition will result and award
be made not principally on the basis of price, but to the respondent whose proposal contains the
most advantageous combination of price, quality or other features. All contracts shall be signed
by the city manager.
(2) A contract may be entered into by use of the competitive negotiation/competitive sealed proposal
methods when:
(3)
a. The chief procurement officer determines that the complex specialized nature or technical
details of a particular procurement make the use of competitive sealed bidding either not
practicable or reasonable, or not advantageous to the city; or
b. Specifications or scope of work cannot be fairly or objectively prepared so as to permit
competition in the invitation for bids; or
c. Technology, electronic, software, and system applications are available from a limited
number of sources; or
d. Qualifications and the quality of the service to be delivered can be considered more
important than price.
Competitive negotiations/competitive sealed proposals shall be used in the procurement of
personal and professional services except for:
a. Professional services as defined in Florida Statute § 287.055, as amended from time to time.
b. Legal services.
c. Services related to the cultural, educational, recreational or park activities provided by non-
profit organizations within city parks. These services may be awarded without competitive
negotiations if the city manager makes a written finding, supported by reasons, to the city
commission that competitive negotiation methods are not practicable or advantageous. Such
finding must be ratified and the award approved by an affirmative vote of four -fifths of the
commission after a properly advertised public hearing.
d. Maintenance agreements to support proprietary software applications.
(b) Competitive negotiations method. Where the contract does not exceed $50,000.00, at least three
written proposals shall be sought and the city shall enter into competitive negotiations to determine
which proposal is most advantageous to the city. The written proposals received and the results of the
evaluation shall be maintained as a public record. The contract may be awarded by the city manager
upon certification of compliance with competitive negotiations method by the chief procurement officer.
The city manager shall submit to the city commission on an annual basis a list of contracts awarded
by the city manager through this method.
(c) Competitive sealed proposal method. Where the contract exceeds $50,000.00, the city may utilize the
following competitive sealed proposal method:
(1) Request for proposals (RFP) or request for letters of interest (RFLI) or request for qualifications
(RFQ) setting forth the terms and conditions of the professional or personal services sought,
including but not limited to, scope of work and evaluation factors, shall be issued. The RFP, RFLI
or RFQ, as applicable, may, in the exercise of the reasonable professional discretion of the city
manager, director of the using agency, and the chief procurement officer, include a five percent
evaluation criterion in favor of proposers who maintain a local office, as defined in section 18-73.
In such cases, this five percent evaluation criterion in favor of proposers who maintain a local
office will be specifically defined in the RFP, RFLI or RFQ, as applicable; otherwise, it will not
Page 1
apply. All RFPs involving major projects must be reviewed by the office of the independent auditor
general ("auditor general") prior to submittal to the city commission for consideration. Additionally,
after city commission is an award pursuant to a RFP for a major project, all resultant agreements
must also be reviewed by the auditor general prior to execution.
(2) Mailing lists. Lists of prospective proposers/respondents may be compiled pursuant to section 18-
85 (competitive sealed bidding).
(3) Public notice. Adequate public notice in a newspaper of general circulation shall be provided
pursuant to section 18-85.
(4) Pre -proposal conference. A pre -proposal conference may be conducted to explain the
requirements of the proposed procurement and shall be announced to all prospective proposers
known to have received an RFP, RFLI, or RFQ. Conferences should be held long enough after
the RFP, RFLI, or RFQ has been issued to allow prospective proposers to become familiar with
the proposed procurement, but sufficiently before receipt of proposal to allow consideration of the
conference results in preparing their proposals. Nothing stated at a pre -proposal conference shall
change the RFP, RFLI, or RFQ unless a change is made by written addendum, which shall be
supplied to all those prospective proposers known to have received an RFP, RFLI, or RFQ. All
pre -proposal conferences shall be recorded, and, if a transcript is made, such transcript shall be
a public record.
Receipt of proposals. Sealed proposals must be received by the city clerk no later than the time
and date specified for submission in the request for proposals or request for letters of interest or
requests for qualifications. The name of each proposer shall be recorded by the city clerk or its
designee, and the record and each proposal, to the extent consistent with applicable state law,
shall be open to public inspection.
(6) Proposal evaluation. An evaluation committee shall be appointed by the city manager for the
purpose of evaluating proposals based upon the criteria contained in the RFP, RFLI or RFQ. No
other factors or criteria shall be used in the evaluation. As may be provided in the RFP, RFLI or
RFQ, proposers may be invited to make oral presentations regarding their Proposals. The
recommendations of the evaluation committee shall be submitted to the city manager.
In the event only one proposal is received, the evaluation committee may proceed with the
evaluation, or request the city manager to reject all proposals, whichever is in the best interests
of the city.
(5)
a. After reviewing the evaluation committee's recommendation, the city manager may:
1. Approve the recommendation of the evaluation committee, and the city manager shall
then authorize contract negotiations through city staff. Upon completion of contract
negotiations, the city manager shall then submit his or her award recommendation and
negotiated contract(s) to the city commission for approval, at which time, written notice
shall be provided to all proposers;
2. Approve the recommendation of the evaluation committee, written notice of which shall
be provided to all proposers, and the city manager shall then submit his or her
recommendation to the city commission;
3. Reject the evaluation committee's recommendation and instruct the evaluation
committee to re-evaluate and make further recommendations;
4. Reject all proposals; or
5. Recommend that the city commission reject all proposals.
b. After reviewing the city manager's recommendation, the city commission may:
1. Approve the city manager's award recommendation and negotiated contract(s);
2. Approve the city manager's recommendation and authorize contract negotiations;
Page 2
(7)
3. Reject all proposals;
4. Reject all proposals and instruct the city manager to reissue a solicitation; or
5. Reject all proposals and instruct the city manager to enter into competitive negotiations
with at least three individuals or firms possessing the ability to perform such services
and obtain information from said individuals or firms relating to experience,
qualifications and the proposed cost or fee for said services, and make a
recommendation to the city commission.
Award. Award shall be made to the responsive and responsible proposer whose proposal is most
advantageous to the city as determined by the city commission in accordance with the evaluation
criteria contained in the RFP, RFLI or RFQ.
The decision of the city commission shall be final. Written notice of the award shall be given to the
successful proposer.
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.
(Ord. No. 12271, § 2, 8-22-02; Ord. No. 13275, § 2, 7-14-11; Ord. No. 13538, § 2, 7-23-15; Ord.
No. 13667, § 2, 3-9-17)
Page 3