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HomeMy WebLinkAboutBack-Up from Law Dept5ec.18'85, Competitive sealed bidding. (a) Conditions for use, Competitive sealed bidding shall beused for the award ofall contracts for gnods, equipment and services over $25.O0OOO` except as otherwise provided for in this artkcke, where itis both practicable and advantageous for the city to specify all detailed plans, spedficaMons, standards, terms and conditions sothat adeqlmatecompetition will result and award may be made to the lowest responsive and responsible bidder principally on the basin of prioe� prpvided, however, when a respons[ve, responsible non -local bidder submits the lowest bid price, and the bid submitted by one or more responsive, responsibIe 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 naepone/wa. responsible local bidders shall have the opportunity to submit a best and final bid equaito orlower than the amount ofthe 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, oontraotaward shaH be made to the local bidder. Notwithstanding the fpnaQoing, the city manager may waive competitive eea�ed bidding methods by making a written finding which shaU contemreasons supporting the conclusion that competitive sealed bidding isnot p�macticab|eorisnot advantageous to the city, which finding must be ratified and the award approved by an affirmative vote offour-fifths ofthe city commission, oranunanimous vote ofthe quorum that exists because ofeither 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 pnovisions, 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 political subdivision oragency thereof. (b) Invitation for bids. An invitation for bids shall be issued and shall include, but not be limited to� (1) Instructions and information bobidders concerning the bid submission requiremmnbs, inc/udingtho time and doba set for receipt of bidn, the address of the office to which bids are to be de|ivernd, the maximum time for bid acceptance by the city, the right of the city manager to rejectaUoffers or bide, and any other special information� (2) The purchase descnption, qua4Nfioation tsctors, delivery or performance eohedu|e, and such inspection and acceptance requirements aemay not be included imthe purchase description; The contract terms and conditions, including warranty and bonding or other security requirements, as applicable", (4) The date, time and place at which any prHb�id conference may be held and whether attendance mtsuch conference isacondition for bidding; and (5) The place where any documents, incorporated byreference may beobtained, (u) Bidders hats. 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 mrotherwise capable of successfully performing a particular city [B (d) Public notice. Notice inviting bids shall bepublished at least once bn anewspaper 0fgeneral 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 forbids may be obtained, and the time and place for opening of bids. In add[t[on, the chief procurement officer may solicit bids from all responsible prospective supp[iers listed on m current bidders, Iist by sending such bidders copies of the notice to acquaint them with the proposed purchase. (e) P/eb6d conferences. Pnabid conferences may be conducted to explain the requirements of the proposed procurement and shall beannounced toall prospective bidders known tohave received an invitation for bids. Conferences shouid be held long enough after the invitations for bids have been Page (f) issued to allow prospective bidders to become familiar with the proposed procurement, but suffidently before bid aubnnimeiom toallow consideration of the conference results in preparing their bids. Nothing stated ataprebidconference shall change the invitation for bids unless a change iomade bywritten addendunn, which shall be supplied to all those prospective bidders known to have reoeNed an invitation for bids. All prebid conferences shall be recorded, and, if a transcript is made, such transcript ehmU be apub|in record. Bid opening. All bids shall besubmitted sealed tothe city clerk and shall beopened publicly bythe 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 bide. The amount ofeach bid and such other relevant information as may be deemed desinsb|e, together with the name of each bidder, shall be recorded', the record and each bid shall beopen topublic mopection. (g) Bid acceptance and evaluation, Bids shall be evaluated based on the requirements set forth in the invitation for bkds, which may include criteria 0o determine acceptability such as inspechion, qua|hy, workmanship, delivery and suitability for oparticular purpose, Those criteria that will affect the bid price and be considered in evaluation for award, such as dinonumts, transportation costa, 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 bythe chief procurement officer hothe city manager, (h) Award. The procurement sha8be awarded with reasonable promptness bywritten notice tVthe lowest responsive and responsible bdder, whose b,id meets the requirements and criteria set forth in the invitation for bids except as otherwise provided in this section. For any procurement, including contracts, abid bobeawarded which exceeds $25.QOD.ODshall beawarded bythe 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, Ali bid awards in excess of $50^000.80 must be approved by the city commission upon recommendation by the city manager. The decis,ion of the city commission shall be final. Threshold mnnommts nahanamced herein shall include the values associated with potential options of renewal. Awards made by the city manager orbythe city commission shall include authority for all subsequent options of renewal, if any. The aforementioned options of naoevva| 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 ofthe option of renewal is in the best interest cfthe city, The city commission orthe city manager shall have the authority to rejectany orall bids o,portions nf bids, or to negotiate with the lowest bidder for better pricing, In the event only one bid is received, the city may award tothe sole bidder, negotiate for better pricing or may re'bid, whichever is in the best interest ofthe city. The city manager shall submit tothe city commission on a monthly basis a list nfprocurements or contracts awarded bythe city manager.