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
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(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.