Purchases, leases, rentals and contracts for supplies, services, equipment, materials, professional services and the sale of personal property of $50,000 or more in estimated value, shall be made by written contract, approved by the Mayor and City Council, pursuant to the following provisions:
(A) Invitation for bids. An invitation for bids (“IFB”), request for proposals (“RFP”) or request for statement of qualifications (“SOQ”) shall:
(1) Include a description of the articles to be purchased or sold;
(2) State where IFB/RFP/SOQ forms and specifications may be obtained; and
(3) State the date, time and place for opening bids. An IFB/RFP/SOQ shall be published at least 10 calendar days before the date of opening the bids. Pursuant to A.R.S. § 39-204, publication shall be made in a qualified newspaper as follows:
(a) If the newspaper is a weekly, publication must occur once each week for 2 consecutive weeks; or
(b) If the newspaper is a daily, publication shall be made on 4 consecutive days.
(B) Bidder’s security. The bidder’s security shall be prescribed in the IFB/RFP/SOQ. Failure to submit security in the amount and the type of security required shall result in the rejection of the response to an IFB/RFP/SOQ. Unsuccessful bidders shall be entitled to returned bid security. A successful bidder of an IFB/RFP/SOQ shall forfeit their bid security upon refusal or failure to execute the contract within the time specified, dating from award of contract date, unless the city is responsible for the delay. The Council may, on refusal or failure of the successful bidder to execute the contract, award it to the next lowest responsive and responsible bidder.
(C) Bid opening procedure. Sealed bids shall be submitted to the City Manager or his or her designee, and the bid number and project title shall be clearly written on the exterior of the envelope. Bids shall be opened in public at the date, time and place stated in the public notice. A tabulation of all bids received shall be available to the public for inspection during regular business hours for a period of time as prescribed under Arizona law. After bid opening, no corrections in bid prices or other provisions of bids prejudicial to the best interest of the city or fair competition shall be permitted. Late bids shall be returned unopened to bidders who fail to file their bids in a timely manner.
(D) Bid rejection. Bids submitted without bid bonds will not be considered and shall be rejected. At its discretion, the Council may reject any and all bids.
(E) Award of contracts. Based on the bid opening, Council shall award the contract to the lowest responsive and responsible bidder for purchases, leases or rental contracts for supplies, services, equipment or sale of personal property, or professional services valued at $50,000 or more. In awarding the contract, Council shall be advised of and shall consider the advantages or disadvantages of the proposed purchases, leases, rentals, contracts, professional services or sales as presented by the City Manager or his or her designee.
(F) Payment and performance bonds. The city shall have the authority to require a payment and performance bond before entering a contract in such amount as it shall find reasonably necessary to protect the best interests of the city. The form for the payment and performance shall be included in the IFB/RFP/SOQs. Bonding shall not be required for contracts under $50,000.
(G) (1) The contract shall be awarded by written notice to the bidder whose bid conforms in all material respects to requirements and criteria set forth in the IFB/RFP/SOQ.
(2) In the case of an RFP and SOQ, if the construction project exceeds available funds and such bid does not exceed such funds by more than 5%, the City Manager or his or her designee may negotiate an adjustment of the bid price with the lowest responsive and responsible bidder in order to bring the bid within the amount of available funds.
(Ord. 1462, passed 9-18-2018)