HomeMy WebLinkAboutBack-Up to Law DeptSec. 18-85. Competitive sealed bidding.
(a) Conditions for use. Competitive sealed bidding shall beused for the award ofall contracts for goods,
equipment and services over $25.8OO-DOexcept eaotherwise provided for inthis article, where itio
both practicable and advantageous for the city to specify all detailed pians, specifications, standards,
bernne and conditions so that adequate competition will result and avvmnj may be made to the lowest
responsive and responsible bidder principally on the basis of price; prnv\ded, however' when a
responsive, responsible non -local bidder submits the lowest bid price, and the bid submitted byone or
more responsive, responsible local bidders who maintain a local offioe, 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
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, responsible bidder submitting the
lowest best and final bid. |mthe case ofotie inthe best and final bid between alocal bidder and anon -
local bidder, contract award shall be made tothe |uoa| 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 beratified and the award approved byonaffirmative vote
offour-fifths oƒthe city commission oramunanimous vote cfthe 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 provioione, which oha|\ not be
applicable. This section shall not apply to transfers to the United States or any department or agency
thereof, tothe state urhoany political subdivision oragency thereof.
(b) Invitation forbids. An invitation for bids shall beissued and shall imc|uda, but not belimited to:
(1) Instructions and information tobidders concerning the bid submission roquirements, including the
time and date set for receipt of bids, the address of the office to which bids are to be deiivered,
the maximum time for bid acceptance by the city, the right of the city manager to reject all offers
orbids, and any other special informodon�
(2) The purchase description, qualification faobora, delivery or performance ochedu|e, and such
inspection and acceptance requirements as may not be included in the purchase description;
(3) The contract terms and conditions, inouoing warranty and bonding orother security requirements,
osapp|icabke;
(4) The date, time and place etwhich any prebid conference may be held and whether attendance
otsuch conference iaacondition for bidding; and
(5) The place where any documents incorporated byreference may beobtained.
(o) Bidders lists. Bidders 0ota may be compiled to provide the city with the names of businesses which
may beinterested incompeting for various types ufcity 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 performing a particular city
(d) Public notice. Notice inviting bids shall bepublished at least once in a newspaper ofgeneral 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 maybe obbe�nad, and the time and place for opening of bids. In additinn, the chief
procurement officer may solicit bids from eH 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) Pn*bid conferences. Pnebid 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
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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,
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 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 afl subsequent options of renewaj, 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. 1317(),, § 2,, 5-13-10; Ord. No. 13275, § 2, 7-14-11)
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