3.08.120 Non-public projects - informal bidding procedure.
   (A)   Uses of non-public project informal bidding procedure. This informal bidding procedure shall be used whenever informal bidding is allowed for a purchase which does not involve a public project.
   (B)   Distribution of notice inviting informal bids or request for proposals. A notice inviting informal bids or request for proposals, as appropriate, shall be provided. The notice inviting informal bids or requests for proposals shall be provided to at least three vendors or contractors, and the city shall endeavor to receive informal 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.
   (C)   Contents of notice inviting informal bids or request for proposals. At a minimum, the notice inviting informal 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 informal 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 or proposals received. If no bids or proposals are received, the authorized contracting party may award the contract by any alternative purchasing procedure.
   (I)   Award of contract. The contract shall be awarded in accordance with §§ 3.08.060(H), 3.08.070(G), or 3.08.080(H) as applicable. If two or more bids are the same and the lowest, the city may accept the one it chooses.
(Ord. 3358 §6, 2023; Ord. 3280 §6, 2018; Ord. 3097 §6, 2011; Ord. 2790 §2 (part), 2005.)