Procedure for sealed bids shall be as follows:
(A) Sealing. When required, bids shall be submitted to the purchasing agent securely sealed in an envelope, and shall be identified on the envelope in accordance with bid instructions.
(B) Opening. Sealed bids, when appropriate, shall be opened in public at the time and place stated in the public notices.
(C) Tabulation. A tabulation of all bids received shall be available for public inspection.
(D) Rejection of Bids. The purchasing agent shall have the authority to reject all bids, parts of all bids, or all bids for any one or more supplies or contractual services included in the proposed contract, when the public interest will be served thereby.
(E) Bidders in Default to City. The purchasing agent shall not accept the bid of a vendor or contractor who is delinquent in the payment of taxes, license, or other monies due the city.
(F) Award of Contract:
(1) Authority in Agent. The purchasing agent shall have the authority to award contracts within the purview of this article; provided, however, that the funds have been approved by Council in the current fiscal year’s budget or through a majority vote during an official meeting.
(2) Lowest Responsible Bidder. Contracts shall be awarded to the lowest responsible bidder. In determining lowest responsible bidder, in addition to price, the purchasing agent shall consider:
(a) The ability, capacity and skill of the bidder to perform the contract or provide the service required;
(b) Whether the bidder can perform the contract or provide the service promptly, or within the time specified, without delay or interference;
(c) The character, integrity, reputation, judgment, experience and efficiency of the bidder;
(d) The quality of performance of previous contracts or services;
(e) The previous and existing compliance by the bidder with laws and ordinances relating to the contract or services;
(f) The sufficiency of the financial resources and ability of the bidder to perform the contract or provide the service;
(g) The quality, availability, and adaptability of the supplies or contractual services to the particular use required;
(h) The ability of the bidder to provide future maintenance and service for the use of the subject of the contract;
(i) The number and scope of conditions attached to the bid.
(3) Responsive Bidder. Contracts shall be awarded only to bidders that are deemed responsive by the procurement agent of the city. A bidder may be deemed non-responsive for the following reasons.
(a) Bid not signed or not signed by someone with authority to enter into a contract with the city.
(b) Bid was submitted on an advertisement that has been amended.
(c) Actual cost cannot be determined based on what was submitted.
(d) The offer failed to provide pricing for the products or services specified in the bid.
(G) Award to Other Than Low Bidder. In cases where the purchasing agent recommends the award to other than the lowest bidder, a full and complete statement of the reasons for placing the order elsewhere shall be prepared by the purchasing agent and reported to the City Council. Records of any such recommendation and award shall be held for a period of no less than twelve (12) months.
(H) Tie Bids. If all bids received are for the same total amount or unit price, quality and service being equal, the contract shall be awarded to the local bidder. If two (2) or more of such bids are submitted by local bidders, the purchasing agent shall award the contract to one (1) of the local tie bidders by drawing lots in public. If local bidders are not involved in the tie bids, the purchasing agent shall award the contract to one (1) of the outside tie bidders by drawing lots in public. The purchasing agent, local bidders, and vendors should bear in mind, however, that to award a contract to a local vendor where he is not the lowest responsible bidder, or where price, quality and service are not equal, is to give preference to one (1) minute segment of the citizenry against the best interests of the community as a whole.
(I) Performance Bonds. The purchasing agent shall have the authority to require a performance bond, before entering into a contract, in such form and amount as he shall find reasonably necessary to protect the best interest of the city.
(J) Payment Bond/Labor and Material Bond. The purchasing agent may require a payment bond and a labor and material bond before entering into a contract, in such form and amount as he shall deem necessary to protect the best interest of the city.
(K) Protested Solicitations and Awards.
(1) Right to Protest. Any actual or prospective bidder, offeror, or contractor who is aggrieved in connection with the solicitation or award of a contract may protest to the Procurement Director, except as otherwise stated in this article. The protest shall be submitted in writing within ten (10) calendar days after the aggrieved person knows or should have known of the facts giving rise thereto.
(2) Authority to Resolve Protests. The Procurement Director shall have authority, prior to being heard by Council, to settle and resolve a protest by an aggrieved bidder, offeror, or a contractor, actual or prospective, concerning the solicitation or award of a contract.
(3) Decision. If the protest is not resolved by mutual agreement, the Procurement Director shall issue a decision in writing within ten (10) calendar days. The decision shall:
(a) State the reasons for the action taken; and
(b) Inform the protestant of its rights to Council review, as provided in this article.
(4) Notice of Decision. A copy of the decision under subsection (K)(3) of this section shall be mailed or otherwise furnished immediately to the protestant and any other intervening party. Copies of the notices will be provided to City Council as well.
(5) Finality of Decision. A decision under subsection (K)(3) of this section shall be final and conclusive, unless:
(a) Fraudulent, or
(b) A person adversely affected by the decision appeals administratively to City Council in accordance with this article.
(6) Appeals to City Council. A decision by the Procurement Officer can be appealed to City Council within five (5) days after a decision is issued through a written request addressed to City Council. The request must outline the reasons the appellant is adversely affected by a decision, and the desired outcome of a hearing. The request will be heard by Council at the next scheduled City Council meeting. The decision of City Council will finalize the award.
(Am. Ord. 14-05, passed 5-12-2014)