HomeMy WebLinkAboutBack-Up from Law Dept• Sec. 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 $25,000.00, except as otherwise 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 made to the lowest responsive and responsible bidder principally on the basis of
price; provided, 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 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 responsive, responsible
local bidders shall have the opportunity to submit a best and final bid equal to or lower 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 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
provisions, which shall not be applicable. This section shall not apply to transfers to the United
States or any department or agency thereof, to the state or to any political subdivision or agency
thereof.
(b) Invitation for bids. 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
requirements, including the time and date set for receipt of bids, the address of the office
to which bids are to be delivered, the maximum time for bid acceptance by the city, the
right of the city manager to reject all offers or bids, and any other special information;
(2) The purchase description, qualification factors, delivery or performance schedule,
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 at such conference is a condition for bidding; and
(5) The place where any documents incorporated by reference may be obtained.
(c) Bidders lists. 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 or otherwise capable of
successfully performing a particular city contract.
(d) Public notice. Notice inviting bids shall be published at least once in a newspaper of
general 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 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 list by sending such bidders copies
of the notice to acquaint them with the proposed purchase.
(e) Prebid conferences. Prebid conferences may be conducted to explain the requirements of
the proposed procurement and shall be announced to all prospective bidders known to have
received an invitation for bids. Conferences should be held long enough after the invitations for
bids have been 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 shall change the invitation
for bids unless a change is made by written addendum, 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 be a public record.
(f) 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 desirable, together with the name of each bidder,
shall be recorded; the record and each bid shall be open to public inspection.
(g) 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
inspection, quality, technique, delivery and suitability for a particular purpose. Those criteria that
will affect the bid price and be considered in evaluation for award, such as discounts,
transportation costs, 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 by the chief procurement officer to the
city manager.
(h) Award. The procurement shall be awarded with reasonable promptness by written 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
procurement, 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 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 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 renewal, 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 of the option of renewal is in the best
interest of the city.
The city commission or the city manager shall have the authority to reject any or all bids or
portions of 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 or may re -bid, whichever is in the best interest of the city.
The city manager shall submit to the city commission on a monthly basis a list of
procurements or contracts awarded by the city manager.
(Ord. No. 12271, § 2, 8-22-02; Ord. No. 13170, § 2, 5-13-10; Ord. No. 13275, § 2, 7-14-11; Ord.
No. 13676, § 2, 4-27-17)