HomeMy WebLinkAboutBack-Up to Law DeptSec. 18-85. - Competitive sealed bidding.
(a) Conditions for use. Competitive sealed bidding shall baused for the award ofall contracts for goods,
equipment and services over$25.00O-QO, except aootherwise 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 mad* to the lowest
responsive and responsible bidder principally on the basis of price; prnvided, 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 offico, 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
ofthe aforementioned responsive, responsible local bidders shall have the opportunity to submit
best and final bid equal to or lower than the amount of the |ovv bid previously submitted by the non -
local bidder. Contract award shall be made to the lowest responsive, responsiNe 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 tothe local bidder. Notwithstanding the foregoing, the city
manager may waive competitive sealed bidding methods by making a written finding which ehaN
contain reasons supporting the conclusion that competitive aao|ed bidding is not practicable or is not
advantageous to, the city, which finding must be ratified and the award approved by an affirmative vote
ofhuupfifthn 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 provimiono, which shall not be
applicab)e. This section shall not apply to transfers to the United States or any department or agency
thereof, 0othe state ortoany political subdivision oragency thereof.
(b) Invitation forbids. An invitation for bids shall be issued and shall ino|uda, but not belimited to:
(1) Instructions and information to bidders concerning the bid submission requirements, �no|uding1he
time and date set for receipt of bids, the address of the office to which bids are to be deiivored,
the maximum time for bid acceptance by the city, the right of the city manager to reject all offers
orbids, and any other special informadon�
(2) The purchase desoripdon, qualification faobors, delivery or performance ochedu|a, and such
inspection and acceptance requirements as may not be included in the purchase description;
The contract terms and conditions, inc�uding warranty and bonding or other security requirements,
as applicabie;
(4) The date, time and place atwhich any prebidconference may boheld and whether attendance
mtsuch conference hsacondition for bidding; and
The place where any documents incorporated by reference may be obtained.
(3)
(5)
(c) Bidders lists. Bidders lists may be compiled to provide the city with the names cfbusinesses which
may be interested in competing for various types of city contracts. Unless otherwise provided, inclusion
or exclusion of the name of business does not indicate whether that business is responsible in
respect to a particular procurement orotherwise capable of successfully per -forming a particular city
(d) Public notice. Notice inviting bids shall be published at least once inanewspaper ofgeneral circu)abon
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 acopy ofthe
invitation for bids may be obtainad, and the time and place for opening of bids. In addition, the chief
procurement officer may solicit bids from aH responsible prospective suppliers listed on a current
bidders list by sending such bidders copies of the notice to acquaint them with the proposed purchase.
(o) Pnebid conferences. pneb)d conferences may be conducted to explain the requirements of the
proposed procurement and shall be announced toall prospective bidders known tohave received an
invitation for bids. Conferences should be held long enough after the invitations for bids have been
(f)
(g)
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
mhabad at prebid conference shall change the invitation for bids unless o change is made by written
addendum, which shall be supplied to all those prospective bidders known to have received an
invitation for bids. Ail prebid conferences shall be recorded, and, if a transcript is made, such transcript
shall be apublic record.
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 deoinob|e, together with the name of each b|dder, shall be reoorded� the record and
each bid shall beopen topublic inspection.
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 inspmctiom, quaRy,
workmanship, delivery and suit,abihty for a particular purpose. Those criteria that will affect the bid price
and be considered in evaluation for award, such as discounts, transportation oVsts, and total or Re
cycle costs, shall be measured objleotive�y. No criteria may be used in bid evaluation which were not
set forth in the invitation for bids. The results ofthe 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 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 pnoourenment, including
omntnacta, o bid to be awarded which exceeds $25.000.00 aheU be awarded by the city manager only
upon certification of the results ofthe evaluation and the bid tabulation bythe 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 comm,ission shall be final. Threshold amounts
referenced herein shall include the values associated with potential options of renewal. Awards made by
the city manager orby the city commission shall include authority for all subsequent options ofrenewo�. if
any. The aforementioned options of renewal shall be exercisable atthe option of the city mnanage, if, after
review ofpast performance under the contract, the city manager determines, in his/her sole discretion, that
exercise of the option ofrenevva� is in the best interest ofthe city.
The city commission or the o*x manager shall have the authority to rejectany o[all bids or portions of
bids, or to negotiate with the lowest bidder for better pricing.
Unthe event only one bid is rece|ved, the city may award tothe sole bidder, negotiate for better pricing
or may re -bid whichever is in the best interest of the city,
The city manager shall submit tothe city commission on a monthly basis a list of procurements or
contracts awarded bythe city manager.
(Ord. No. l2271, 8 7L 8-22-02; Ord. No. %]
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