Loading...
HomeMy WebLinkAboutBack-Up from Law Dept(c) Sec. 18-85. - Competitive sealed bidding. (a) Conditions for use. Competitive sealed bidding sheNbeused for the award ofall contracts for goods, equipment and services over $25^000O0. except as otherwise provided for in this artkzka, where it is both practicable and advantageous for the city to specify aUdetoiVed p|ano, opecificatimns, standande, terms and conditions sothat adequate competition will nanuAtand award may be made hothe lowest responsive and responsible bidder principally on the basis of price: provided, however' when a respoms|Ve, responsible non-Yooa| bidder submits the lowest bid prioe, and the bid submitted by one or more responsive, responsible local bidders who maintain alocal office, asdefined imsection 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 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. |nthe case of atie inthe best and final bid between glocal bidder and anon' |oca� 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 vvh#on finding which mhoU contain reasons supporting the conclusion that oompefitivesealed bidding is not practicable or is, not advantageous 10the city, which finding must beratified and the award approved byanaffirmative 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 o properly advertised public hearinQ. When competitive sealed bidding methods are waived, other procurement methods shall be foNowed except for the cone of silence provinions, which shall not be applicable. This section shall not apply totransfers to the United States or any department or agency thereof, tothe state ortoany political subdivision oragency thereof. (b) Invitation forbids. An invitation for bids shall be issued and shall include, but not belimited to: (1) Instructions and information tobidders concerning the bid submission requirements, including the time and date set for receipt of bids, the address of the office to which bids one to be delivered, the rnsm/noum time for bid acceptance by the udy, the right ofthe city manager to reject all offers orbids, and any other special infonmation� (2) The purchase denor|pbom, qualification facto,o, delivery or performance schedu|e, 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 atsuch conference ismcondition for bidding; and (5) The p�ace 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 maybe interested 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 particuVor procurement or otherwise capable of successfully performing a particular city (d) Public notice. Notice inviting bids shall be published atleast once in a newspaper ofgeneral circulation in the city a reasonab�etime prior to bid opening� but in any event atleast 15 calendar days shall intervene between the Iastdahe 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 Uotbysending such bidders copies ofthe notice hoacquaint them with the proposed purchase. (e) Pnebid conferences, Prebid conferences may be conducted to exp4n the requirements of the proposed procurement and shall beannounced toall prospective bidders known to have received an invitation for bids Conferences should be held long enough after the invitations for bids have been Ul 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 sha,il change the invitation for bids unless a change is made by written addemdumn, 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 beepublic record. Bid opening, All bids shall be submitted sealed *zthe city clerk and ohaHbeopened publicly bythe city clerk or designee in the presence of one or more witnesses at the time and place stated in the pubfic notice and in the invitation for bids, The amount ofeach bid and such other relevant information as may be deemed deoinab|e, together with the name of each bidder, !shaU be recorded; the record and each bid shall beopen tnpublic inspection. (g) Bid acceptance and evaluation, 8|do aheU be evaluated based on the naqu|nmnnente set forth in the invitation for bids, vvhk:h may include criteria to determine acceptability such, as inspeodnn, qua|hy, 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 discounby, transportation costs, and total or fife cycle costs ohmU 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 tothe city manager. (h) Award. The procurement shall be awarded with reasonable promptness bywritten notice tothe lowest responsive and responsible bidde,, whose bid meets the requirements and criteria set forth in the invitation for bids except as otherwise provided in this section, For any pnonurerment, including contracts, abid tobe 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 commjss�on shall be final.Threshold amounts referenced herein shall include the values associated Mth potential options of renewal. Awards made by the city manager or by the city commission shall include authority for all oubmuquentoptiono of remewai, 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 ofthe option ofrenewal iminthe best interest ofthe city. The city commission urthe city manager shall have the authority 10 rejectany orall bids orportions nf 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 ormay re-bid.whichever isinthe best interest ofthe city. The city manager shall submit tothe city commission on amonthly basis a list ofprocurements or contracts awarded bythe city manager.