Except as otherwise provided in this Subchapter, purchases of equipment, goods and supplies of an estimated value exceeding the Purchasing Authority, shall be by formal sealed written competitive bids. Awards for such expenditures shall be made by the City Council to the lowest responsive and responsible bidder in accordance with the following provisions:
A. Budget verification. Prior to issuance of a request for bids, the Purchasing Officer shall confirm the requested purchase is identified in the current fiscal year adopted budget. For items not identified in the current fiscal year adopted budget, the requesting City department shall be required to receive City Council approval prior to issuance of the request for bids.
B. Bid specifications. Bid specifications shall be prepared and include the criteria that must be met to be considered the lowest responsive and responsible bidder.
C. Notice inviting bids. Notices inviting sealed bids shall either be published in a newspaper of general circulation within the City or posted on the City's website, and shall be posted at City Hall and other public posting locations, as determined by the Purchasing Officer, at least ten (10) days prior to the date set for opening of the bids. In addition, notices inviting bids shall be disseminated via email or United States Mail to at least three prospective bidders approved by the Purchasing Officer, when feasible, and all those who have requested to be placed on the bidders list. Notices shall include a general description of the articles for which bids are being sought, and the time, date and location for submitting and opening of the bids.
D. Bid submittal and bid opening. The process for submittal and public opening of sealed bids shall be stated in the notice inviting bids. All bids received shall be available for public inspection at the time and place of opening, and thereafter, in the Office of the City Clerk. Bids must be received prior to the bid opening to be considered.
F. Rejection or waiver of bid requirements.
1. The City Council may reject any and all bids-presented and may re-solicit for bids, or abandon the project, in its sole discretion.
2. Except as provided in § 3.07.090, the City Council may waive, by a majority vote, any irregularities or informalities in any bid or any bidding process.
3. Except as provided in § 3.07.090, upon determining that conformance with the procedures set forth in this § 3.07.075 would be contrary to the best interests of the City or upon determining that compliance with the procedures would be impractical, the City Council may waive, by a majority vote, any or all of the requirements of this § 3.07.075 and, if it deems it to be in the City's best interest, authorize a negotiated contract.
G. Bid protest procedures. Except as otherwise set forth in the notice inviting bids or bid specifications, the following bid protest procedures shall apply to all City bids:
1. Only bidders who submitted a timely bid may file a bid protest. The term "bidder" does not include subcontractors, suppliers or other third parties.
2. The bid protest must be in writing.
3. Protests based on alleged defects, ambiguities or improprieties in the notice inviting bid and bid specifications must be filed with the City prior to the deadline for bid submittal.
4. All other protests must be filed and received by the City not more than three City business days after bidders receive notification of City's intent to award the contract.
5. The written bid protest must set forth, in detail, all grounds for the bid protest, including without limitation all facts, supporting documentation, legal authorities and argument in support of the grounds for the bid protest. All factual contentions must be supported by competent, admissible and credible evidence.
6. Any matters not set forth in the written bid protest shall be deemed waived.
7. Any bid protest not conforming to this § 3.07.075.G shall be rejected by the City as invalid, and shall constitute a waiver of any right to further pursue a bid protest, including the filing a Government Code claim or initiation of legal proceedings.
(Ord. 2018-008 § 1 (part))