(A) Advertising; bidders’ list.
(1) A notice inviting bids shall be published at least once in a newspaper of general circulation at least five business days preceding the last day set for the receipt of proposals. The notice shall include a general description of the goods or services to be purchased, shall state where bid blanks and specifications may be secured and shall specify the time and place for opening of bids.
(2) (a) The Town Administrator shall, in conjunction with department heads, develop and update a bidders’ list which shall be limited to commodities that are similar in character.
(b) All responsible, interested suppliers may be added to the bidders’ list at their request.
(c) The Town Administrator shall also solicit sealed bids from all suppliers on the bidders’ list by sending them a copy of the newspaper notice inviting bids or other notice as will acquaint them with the proposed purchase.
(3) In the event that, after advertising as aforesaid, no bids are received, the Town Administrator shall, with approval of the Council, solicit bids by mail, telephone, newspaper or by any other reasonable manner to secure responsible bidders.
(B) Bid deposits.
(1) When it seems necessary by the Town Administrator, bid deposits shall be prescribed in the public notices inviting bids. The amount of the deposits shall be 5% of the bids and shall be in the form of a certified check or bond.
(2) Unsuccessful bidders shall be entitled to the return of surety required by the Administrator within 30 calendar days after opening of bids.
(3) Upon the failure of a successful bidder to enter into a contract within seven calendar days after the town tenders the proposed contract, the bidder shall forfeit the bid deposit.
(4) Bids received after the bid date and time indicated on the invitation to bid may not be considered unless the delay was due to an error of the town.
(C) Submission and opening of bids.
(1) All bids shall be submitted to the Administrator in a sealed condition with identification and state license number if applicable contained on the envelope containing the bid.
(2) Bids shall be submitted at the designated place no later than the time stated in the public notice inviting bids.
(3) Bids shall be opened at a public meeting at the time and place stated in the public notice.
(4) A tabulation of all bids received shall be made available for public inspection.
(D) Award of contract.
(1) The Administrator shall notify the successful bidder of the award made by the Town Council.
(2) Contracts shall be awarded to the lowest responsible bidder. In determining the lowest responsible bidder, in addition to price, the Administrator and the Committee shall consider such factors as:
(a) The ability, capacity and skill of the bidder to provide the services required;
(b) The capability of the bidder to perform and the contractor to provide the services promptly or within the time specified without delay or interference;
(c) The character, integrity, reputation, judgment, experience and efficiency of the bidder;
(d) The quality of performance of previous contracts or services;
(e) The previous and existing compliance by the bidder with laws and ordinances relating to the contract or services;
(f) The sufficiency of the financial resources and ability of the bidder to perform the contract or provide the services;
(g) The quality, availability and adaptability of the suppliers or contractual services to the particular use required; and
(h) The number and scope of conditions attached to the bid by the bidder, if any.
(3) When the award is not made to the lowest bidder, a full and complete statement of the reasons for the action shall be prepared by the Administrator and filed with the other documents relating to the transaction.
(4) If all bids received are for the same total amount or unit price, quality and service being equal, the contract shall be awarded to a bidder whose principal place of business is within the town, or if not within the town, within the county, if not within the county, then within the state and to the discretion of Council.
(5) If no bids are received, quotations may be solicited by the Town Administrator in the manner set forth in § 33.18.
(6) The Town Council may reject any or all bids, in whole or in part, in order to protect any public interest.
(E) Bonds.
(1) To protect the interest of the town, the successful bidder for a contract for conservation, improvements or repair shall be required to furnish a performance bond and a payment bond in the amount of 100% on the proposed contract if deemed necessary by the Town Administrator.
(2) If the bonds are not provided within ten calendar days of the award of the bid, the award shall be void and shall be awarded to the next lowest bidder.
(Ord. 04-07, passed 11-18-2004)