HomeMy WebLinkAboutBack-Up from Law DeptSec. 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$25,0QO.UO. except as otherwise provided for in this article, where hie
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- providmd, hnvvever, when e
responsive, respons�ble non -local bidder submits the lowest bid price, and the bid submitted by one or
more responsive, responsible local bidders who maintain e local offioe, 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 reaponsive, responsible local bidders shall have the opportunity to submit
best and final bid equal to orlower 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
abstent�ons or vacancies resulting from resignation, death, suspension, or physical incapacitation after
m properly advertised public hearing. When compotffiveaea|ad bidding methods are waived, other
procurement methods shall be fo@mwmd 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, tothe state ortoany poMtica|subdivision uragency 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 nequiromenba, including the
time and date set for receipt of bids, the address of the office to which bids are to be de|\vered.
the maximum time for bid acceptance by the oity, the right ofthe city manager to reject all offers
orbids, and any other spooia\information�
(2) The purchase deecripdon, qualification faotnrs, delivery or performance schedu|e, and such
inspection and acceptance requirements as may not be included in the purchase description-,
The contractterms and conditions, including warranty and bonding or other security requirements,
as applicable;
(4) The daka, time and place at which any pnabid conference may be held and whether attendance
edsuch conference isa condition for bidding; and
(5) The place where any documents incorporated byreference may beobtained.
(c) Bidders lists, Bidders |[eta may be compiled to provide the city with the names ofbusinesses which
may beinterested incompeting for various types ofcity 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 orotherwise capable of successfully performing o particular city
(3)
(d) Public notice. Notice inviting bids shall bapublished akIeaa once inonewspaper ofgeneral circulation
in the city a peasonabAatime prior to bid opening� but in any event at least 15 calendar days shall
intervene between the last date ofpub|cation and the final date for submitting bids, Such notice shall
state the general clescription of thegood's or services to be purchased, the place where a copy of the
invitation for bids may be obhained, and the time and place for opening of bids. In oddition, 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) P/ebid conferences. Prebid conferences may be conducted to explain the requirements of the
proposed procurement and shall beannounced tomN prospective bidders known to have received an
invitation for bids. Conferences should be held long enough after the invitations for bids have been
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issued: toallow 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
oddemdum, which shall be supplied to all those prospective bidders known to have reoemed an
invitation for bids. All prebidconferences shall berecorded, and, if atranscript iamade, such transcript
shall beBpublic record.
Bid opening, All bids shall be submitted sealed to the city clerk and shall be opened publicly by the city
c1lerk or designee in the presence of one or more w4nesses at the time and place stated in the public
notice and in the invitation, for bids. The amount of each bid and ouoh other relevant information as
may be deemed deairab|e, together with the name ofeach bidder, shall be recorded; the msCQrd and
each bid shall beopen topublic inspection,
Bid acceptance and evaluation. Bids aheU be eva|uated based on the requirements set forth in the
invitation for bids, which may include criteria todetermine 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 asdiscounts, transportation costs, and total orlife
cycle costs shaN be measured objectively. Nocriteria may be used in bid evaluation which were not
set forth in the invitation for bids. The results of the evaluation and tabulation of M prices ahaH be
transmitted bythe chief procurement officer tothe city manager.
(h) Award. The procurement shalUbeawarded with reasonable promptness bywritten notice tothe 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 procumament, 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 m 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 oi0/ 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 nanevva|, if
any, The aforementioned options of renewal shall be exercisable at the option of the city manager if, after
review ofpast performance under the contract, the city, manager determines, inhis/her sole discretion, that
exercise cfthe option cfrenewal isinthe best interest cdthe city.
The city commission orthe city manager shall have the authority to reject any orall bids orportions of
bido, or to negotiate Mh the lowest bidder for better pridng,
In the event only one bid is reoeived, the ohv may award to the eo|o b|ddor, negotiate for better pricing,
or may re -bid, whichever is in the beet interest ofthe city.
The city manager shall submit tothe city commission on o monthly basis list ofprocurements or
contracts awarded bythe city manager.
(Ord. No. 17271,628-2]-07;Ord. No. l3170,&2,5-T3-l0;Ord. No. 13275, &7,7-]4-ll)
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