(A) Uses of the non-public project formal bidding procedure. A formal bidding procedure shall be used whenever formal bidding is required by this chapter and the project does not involve a public project.
(B) Distribution of notice inviting formal bids or request for proposals. A notice inviting formal bids or a request for proposals, as appropriate, shall be posted at least ten calendar days before the date of opening the bids or proposals on the city's public bulletin board or electronic public bidding site and provided directly to bidders, vendors, or contractors on the city's approved list for the type of purchase at issue. The city shall endeavor to receive formal bids or proposals from at least three vendors or contractors. A notice inviting bids shall be used whenever the project or purchase must be awarded to the lowest responsible and responsive bidder. A request for proposals may be used whenever the project or purchase is not required to be awarded to the lowest responsible and responsive bidder. If the purchasing agent and the director of the using department certify that, to the best of their knowledge, there is no local source or local provider available for the project, the notice inviting bids or the request for proposals, as appropriate, may be distributed to a list of qualified vendors maintained by the purchasing agent and/or published in a trade journal appropriate to the project.
(C) Contents of notice inviting formal bids or request for proposals. At a minimum, the notice inviting formal bids or request for proposals shall:
(1) Describe the project or purchase in general terms;
(2) State how to obtain more detailed information about the project or purchase;
(3) State the date, time, and place for the submission of bids or proposals; and
(4) Include any other information required by state or local law, as determined by the City Attorney.
Bids for purchases of more than $100,000 shall be sealed bids.
(D) Proprietary projects or sole source products. If the director of the using department certifies that, to the best of his or her knowledge, the project, product, or service is proprietary in nature and can be obtained only from one vendor or contractor, and that no equivalent products or services are available, the notice inviting formal bids or request for proposals may be sent exclusively to such vendor or contractor.
(E) Contents of remaining bid and contract documents. The contents and form of the remaining bid and contract documents shall be approved by the director of the using department, as well as the City Attorney.
(F) Bidder’s security. When required by applicable law or determined necessary by the City Manager or purchasing agent, each bidder shall be required to provide appropriate security to guarantee its bid. Upon refusal or failure to execute the required contract or agreement and provide all required information and documentation, the full amount of the bid security shall be forfeited, except to the extent limited by applicable law.
(G) City’s authority. The city may reject any or all bids or proposals received, and may waive any minor irregularities in each bid or proposal received.
(H) No bids received. If no bids are received, the authorized contracting party may award the contract by any alternative procedure.
(Ord. 3358 §5, 2023; Ord. 3280 §5, 2018; Ord. 3097 §5, 2011; Ord. 2790 §2 (part), 2005.)