The following bidding procedures shall apply to those purchases that require a competitive bidding procedure.
(A) Notice inviting bids.
(1) City website. The Agent shall cause to be published notice inviting bids on the city website at least five days preceding the last day set for the receipt of bids or conducting an auction. The city website notice required herein shall include a general description of the services required or the articles to be purchased or sold and shall state where bid forms and specifications may be obtained and the time and place for opening bids or the public auction.
(2) Bidders' list. The Agent shall also solicit sealed bids from all responsible prospective suppliers who have requested their names to be added to a bidders' list maintained by the Agent by sending a copy of such city website notice or such other notice as will acquaint them with the proposed purchase or sale. In any case, invitations sent to the vendors on the bidders' list shall be limited to commodities that are similar in character and ordinarily handled by the trade group to which the invitations are sent.
(B) Bid deposits. When deemed necessary by the Agent, bid deposits shall be prescribed in the public notices inviting bids. Unsuccessful bidders shall be entitled to return of surety where it has been required. A successful bidder shall forfeit any surety required upon failure on his or her part to enter a contract within ten days after the award.
(C) Bid opening procedures.
(1) Sealed. Except in the case of public auctions, bids shall be submitted sealed to the office of the City Clerk and shall be identified on the envelopes as bids.
(2) Opening. Bids for supplies, materials, equipment or contractual services shall be opened in public at the time and place stated in public notices.
(3) Tabulation. A tabulation of all bids received shall be made by the Agent and the tabulation shall be available for public inspection in the office of the City Clerk at all reasonable times.
(D) Rejection of bids.
(1) Public interest. The city shall have the authority to reject all bids, parts of any or 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. The city reserves the right to waive technicalities in bidding if such action is deemed to be in the best interest of the city. The ultimate authority to accept, reject or waive technicalities rests with the City Manager.
(2) Undue influence. Bids shall be rejected if any bidder has attempted to exert undue influence over the results of the bid including:
(a) The bidder or anyone subject to the bidder's direction or control attempts to pay, give or donate to any officer or employee of the city any money or other thing of value, either directly or indirectly, in procuring the bid;
(b) The bidder or anyone subject to the bidder's direction or control attempts to influence the award of the bid by threat, force or intimidation; or
(c) Any other contact by bidder to any officer or employee of the city other than the designated agent, which in the opinion of the Agent was an attempt to unduly influence the award of the bid.
(3) Bidders in default to city. The city shall not accept the bids of a contractor who is in default on the payment of taxes, licenses or other monies due the city.
(4) Bidders not attending pre-bid conference. The city shall not accept the bids of a contractor who did not attend a mandatory pre-bid conference.
(5) Late bids. No bids shall be accepted after the stated time of the bid opening. Any bid received late shall remain unopened and returned to the bidder.
(E) Award of contract.
(1) Authority in the City Manager. The City Manager shall have the authority to award contracts and make purchases in an amount established herein or by City Council by resolution, and shall have the authority to bind the city and its' agencies in that regard.
(2) Lowest and best bidder and best value bidder. Contracts shall be awarded to the lowest and best bidder or the best value bidder meeting specifications. Bid specifications may include a point system for evaluating the bid. In addition to those factors established by state law, the following factors shall be considered:
(a) The price;
(b) The ability, capacity and skill of the bidder to perform the contract or provide the service required;
(c) Whether the bidder can perform the contract or provide the service promptly or within the time specified, without delay or interference;
(d) The character, integrity, reputation judgment, experience and efficiency of the bidder;
(e) The quality of performance of previous contracts or services;
(f) The previous and existing compliance by the bidder with laws and ordinances relating to the contract or service;
(g) The sufficiency of the financial resources and ability of the bidder to perform the contract or provide the service;
(h) The quality, availability and adaptability of the supplies or contractual services to the particular use required;
(i) The ability of the bidder to provide future maintenance and service for the use of the subject of the contract;
(j) Where an earlier delivery date would be of great benefit to the requisitioning agency, the date and terms of delivery may be considered in the bid award;
(k) The number and scope of conditions attached to the bid; and
(l) If a point system has been utilized in the bid specifications, the number of points earned by the bidder.
(F) Award to other than lowest secure bidder. When the award is not given to the lowest secure bidder meeting specifications, such award must be approved by the City Council and a full and complete statement of reasons for placing the order with one other than the lowest secure bidder shall be entered in the minutes of the Council.
(G) Tie bids.
(1) Local bidders. If two or more bids received are for the same total amount of unit price, quality and service being equal, the contract shall be awarded to the local bidder.
(2) Bidders of equal status. Where division (G)(1) above is not determinative, the Agent shall award the contract to one of the tie bidders by drawing lots in public.
(H) Change orders. If a bid has been based on a unit price bid, change orders shall be allowed based on the bid unit price without additional advertisement or bidding.
(I) Performance bonds. Before entering a contract, the Agent shall have the authority to require a performance bond in such amount as he shall find reasonably necessary to protect the best interests of the city.
(J) Prohibition against subdivision. No contract or purchase shall be subdivided to avoid the requirements of this section.
(K) Open market procedure. All purchases of supplies, materials, or equipment having an estimated cost less than $30,000, and all sales of personal property which has become obsolete and unusable, of less than the estimated value of $ 1,000, may be made on the open market, without newspaper city website advertisement and without observing the procedure prescribed in this section for the award of formal contracts.
(1) Minimum number of bids. All open market purchases in excess of $5,000 shall, whenever possible, be based on competitive market quotation bids as set forth below, and shall be awarded to the lowest secure bidder in accordance with the standards set forth herein. For purchases from $5,000 to $29,999.99, buyer shall make at least three solicitations (written/telephone) for competitive market quotation bids.
(2) Recording. The Agent shall keep a record of all open market orders and the bids submitted in competition thereon, and such records shall be open to public inspection at all reasonable times.
(L) Federal/state surplus and/or used. The City Manager may authorize the purchase of used equipment and or items from federal or state surplus sites or from a dealer or auction site provided the item was budgeted and the purchase price does not exceed the budgeted amount for said item.
(M) Waiver of competitive bidding. The City Council may waive the requirement for competitive bidding for the purchase of supplies, materials, equipment or contractual services when some material feature or characteristic of the item or service sought to be purchased is unique and the Purchasing Agent has certified that to the best of his or her knowledge, after diligent inquiry, the item or service is available from only one source. The Purchasing Agent may require the department head or official requesting the bid waiver to submit an affidavit identifying the unique and material features or characteristics of the item or service. A full and complete statement of the reasons for approving each waiver of competitive bidding shall be filed with the City Clerk.
(Prior Code, § 37.012) (Ord. 1864, passed 8-14-2018; Ord. 1901, passed 3-27-2020; Ord. O-2022-08, passed 3-8-2022; Ord. O-2022-20, passed 8-31-2022)