A. Bids or proposals shall be unconditionally accepted without alteration or correction, except as authorized in this chapter.
1. For all purposes of this chapter, bids and proposals shall be evaluated based on the criteria set forth in the invitation, which may include inspection, testing, quality, workmanship, delivery, local taxes paid by vendors, and suitability for a particular purpose.
2. Requests for proposals shall state the relative importance of price and other evaluation factors.
3. In considering bids or proposals, the city may waive, if it wishes to do so, minor defects or irregularities in the bids or proposals, provided that the discrepancy does not affect the bid or proposal amount, or give the bidder or proposer a material advantage over others.
B. If no bids or proposals are received in response to a competitive solicitation, or if none of the bids or proposals meet the requirements as specified in the solicitation document, the purchasing officer may reissue the solicitation, may cease the procurement or, if deemed in the best interest of the city, may authorize the procurement without further compliance with competitive bidding requirements (subject to council approval, if otherwise required pursuant to Section 3.04.040). An authorization to procure without bidding shall be documented and become part of the procurement records available for public inspection.
C. In the event that a single bid or proposal is received, the purchasing officer shall have the authority to require the bidder or proposer to submit cost or pricing data to assist in determining if the price is reasonable.
1. If it is determined that the bid price is not reasonable, the purchasing officer may either reject the bid or attempt to negotiate a reasonable price with the bidder or proposer, subject to the city's acceptance.
2. Negotiation shall be completed within a reasonable time, as determined or specified by the city.
3. Should such negotiation fail, the bid may be rejected.
D. In the event that an identical price is received from two or more responsive and responsible bidders, and, in the judgment of the purchasing officer, the public interest will not be served by re-advertising for bids, the purchasing officer may determine the successful bidder by a coin flip between the tie bidders in public at a date and time set by the purchasing officer, with the purchasing officer determining the assignment of heads or tails for the purpose of the flip.
(Ord. 1397.03.08 § 2 (part), 2007)