Procurement for goods, nonprofessional services, and professional services of an estimated value greater than $50,000, on a per project basis, shall be made pursuant to the procedure prescribed in this Section.
(a) Goods and nonprofessional services. Goods and nonprofessional services shall be procured in accordance with the following:
(1) Bid notice. Notices inviting bids shall include a general description of the goods to be purchased or the nonprofessional services to be performed and shall state where and when bid packages may be secured and the time and place of the bid opening. If bidder's security is required, as set forth in Subsection d. below, notices shall state this fact and the type and amount of the security required. If the purchasing officer requires a performance or payment bond, as set forth in Subsection f. below, notices shall state the form and amount of the bonds required.
(2) Bidders' list. The purchasing officer may establish and maintain a list of prospective bidders. It shall not be the responsibility of the purchasing officer to ensure that the list contains current information with respect to the address, service, or product of the prospective bidder. The purchasing officer is authorized to mail or otherwise distribute written invitations for bids directly to the appropriate prospective bidders appearing on the list and to other prospective bidders.
(3) Bidder's security. The purchasing officer may require each bid to be accompanied by a bidder's bond, certified or cashier's check, or cash, in an amount not more than ten percent of the total bid. When bid security is required, bidders shall be entitled to return of bid security; however, if a successful bidder refused to or failed to execute the contract within ten business days after the notice of award has been mailed or otherwise delivered in a written format, unless, and to the extent the City is not responsible for the delay, its bid security shall be deemed forfeited.
(4) Bid opening procedures. Formal bids submitted in paper format shall be submitted to the purchasing officer in accordance with the notice inviting bids and shall be identified as a bid on the envelope. Notwithstanding the foregoing, a bidder who submits its formal bid through the electronic bidding system, pursuant to Subsection (8), shall not be required to also submit the formal bid in paper format. Bids shall be opened in public at the time and place stated in the public notice. A record of the bids received shall be available for public inspection after the bids have been opened, indicating the amount bid by the various bidders and the basis for awarding the contract if other than the lowest responsive bidder is awarded the contract. Such list shall be available for at least 30 days after the award has been made.
(5) Performance and payment bonds. The purchasing officer may require performance and payment bonds before a contract is awarded for goods or nonprofessional services in such amounts as the purchasing officer shall find reasonably necessary to protect the best interest of the City and to comply with law.
(b) Professional services. Professional services shall be procured in accordance with the following:
(1) Bid notice. Notices inviting bids shall include a general description of the professional services to be procured and the time and place for the submission of bids.
(2) Publication. Notices inviting bids shall be published on the City's website and/or on the City's electronic bidding system.
(3) Bid opening procedures. Formal bids submitted in paper format shall be submitted to the purchasing officer in accordance with the notice inviting bids and shall be identified as a bid on the envelope. Notwithstanding the foregoing, a bidder who submits its formal bid through the electronic bidding system, pursuant to Subsection (7), shall not be required to also submit the formal bid in paper format.
(c) Award of contracts. Except as otherwise provided herein, contracts shall be awarded based on the methodology the notice inviting bids stated would be used for evaluation of the bids. Contracts for goods shall be awarded to the lowest responsive bidder. Contracts for professional services and nonprofessional services shall be awarded to the responsible bidder that provides the best value to the City or the lowest responsive bidder, as deemed appropriate by the purchasing officer.
(d) Rejection of bids/cancellation of solicitation. Any and all bids submitted pursuant to this section may be rejected by the City. The City may also cancel any open solicitation of bids when it is in the City's best interest to do so.
(e) Tie bids. If two or more bids received rank equally under the methodology being used, and if the public interest will not permit the delay or re-advertising for bids, the City may award the bid to either bidder.
(f) Failure to contract. If a successful bidder refuses or fails to execute a contract within ten business days of award, the City may choose not to award the contract and either reject all bids or award the contract to the second-place bidder.
(g) Use of electronic means. Consistent with the stated policy of promoting efficient public contract law, consistent with the best of modem practice and research, the City shall be authorized to use an electronic bidding system, so long as the purpose and intent of applicable state law, this Chapter, and any supplemental rules or regulations are met. In using an electronic bidding system, the City shall provide bidders with an electronic receipt showing the date and time the submitted bid was received.
(h) Protest procedures. Any actual or prospective bidder, proposer, or contractor (collectively “bidder”) who believes that they have been aggrieved in connection with the solicitation or award of a contract pursuant to this chapter may protest, in writing, to the City Manager, within three business days after posting of the award recommendation at the location where the bids or proposals are submitted. The protest shall be deemed filed only when it is actually received by the City Manager.
(1) The bidding documents shall include a statement referencing this Section as the requirement for filing a protest.
(2) In the event a timely protest is filed as provided in this Section, the City Manager may, but is not required to, suspend the award of the contract until the protest is resolved.
(3) The protest shall be writing and shall contain the following information:
(A) The name, address and telephone number of the protestor;
(B) A specific identification of the statutory or regulatory provision(s) that the action complained of is alleged to have violated;
(C) A specific description of each act allege to have violated the statutory or regulatory provision(s) identified in this section.
(D) A precise statement of the relevant facts;
(E) An identification of the issue or issues to be resolved;
(F) Argument and authorities in support of the protest; and
(G) A statement that copies of the protest have been mailed or delivered to the City Manager.
(4) If applicable, the City Manager shall meet and confer with the protestor in an effort to resolve the issues described in the protest.
(5) The City Manager shall have authority to settle and resolve a protest. The City Manager may, but is not required to, solicit written responses to the protest from other interested parties. The City Manager may establish additional procedures for the resolution of a protest and may refer the matter to a hearing officer. The City Manager's decision shall be final and conclusive and shall not be subject to appeal to the City Council.
(Ord. 247, passed 5-8-2024)