All expenditures for supplies, materials, equipment, or contractual services, when the estimated cost thereof shall exceed one hundred thousand dollars ($100,000.00), shall be purchased by formal written contract or purchase order from the lowest responsible bidder after due notice inviting proposals, except that in cases where the prices bid are higher than prices available under contracts let by the State of Oklahoma, the City shall exercise the option of awarding its own contract or of buying under terms of the State contract.
A. Notice Inviting Bids:
1. Newspaper: The agent shall cause to be published notice inviting bids in at least one daily newspaper in the City at least once, three (3) days preceding the last day set for the receipt of proposals. The newspaper notice required herein shall include a general description of the services required or the articles to be purchased, shall state where bid blanks and specifications may be secured, and the time and place for opening bids.
2. Bidders List: The agent shall also solicit sealed bids from all responsible suppliers who have requested their names be added to a "bidders list", which the agent shall maintain, by sending a copy of such newspaper notice or such other notice as will acquaint them with the proposed purchase or sale. In any case, invitations sent to the vendors or the bidders list shall be limited to commodities that are similar in character and ordinarily handled by the trade group in 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 the return of surety where it has been required. A successful bidder shall forfeit any surety required upon failure on his part to enter a contract within twenty (20) days after the award.
C. Bid Opening Procedures:
1. Sealed: Bids shall be submitted sealed to the Office of the City Clerk and shall be identified as bids on the envelope.
2. Opening: Bids for supplies, material, equipment, or contractual services shall be opened by the City Clerk at the time and place stated in the public notices. Such bid openings shall be open to the public and to all bidders.
3. Tabulation: A tabulation of all bids received shall be made by the City Clerk and said tabulation shall be available for public inspection in the Office of the City Clerk.
D. Rejection Of Bids: The Mayor and Board of Commissioners 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. 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.
E. Award Of Contract:
1. Authority: The Mayor and Board of Commissioners shall have the authority to award contracts within the purview of this chapter.
2. Lowest Responsible Bidder: Contracts shall be awarded to the lowest responsible bidder. In determining "lowest responsible bidder", in addition to price, the following factors shall be considered:
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 service;
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; and
i. The number and scope of conditions attached to the bid.
3. Award To Other Than Low Bidder: When the award is not given to the lowest bidder, a full and complete statement of reasons for placing the order elsewhere shall be prepared by the purchasing agent and shall be a public record.
4. Tie Bids; Local Vendors: If two (2) 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.
5. Performance Bonds: Prior to an award of a public construction contract, the person that receives the award shall furnish a bond with good and sufficient sureties payable to the City in a sum not less than the total sum of the contract.
6. Prohibition Against Subdivision: No contract or purchase shall be subdivided to avoid the requirements of this chapter.
7. No Timely Bid Received: If no timely bid is received after bid notices have been published on any supplies, materials, equipment, or contractual services whose estimated cost exceeds one hundred thousand dollars ($100,000.00), the Mayor and Board of Commissioners may direct the City Manager to negotiate the contract with a prospective supplier or contractor.
F. Open Market Procedure: All purchases of supplies, materials, equipment, or contractual services of less than the estimated cost of one hundred thousand dollars ($100,000.00) may be made in the open market without newspaper advertisement, without observing the procedure prescribed by this section for the award of formal contracts and without prior consent by the Mayor and Board of Commissioners.
1. Minimum Number Of Bids: All open market purchases shall, wherever possible, be based on at least three (3) quotations from suppliers or contractors and shall be awarded to the lowest secure supplier or contractor in accordance with the standards set forth in subsection E2 of this section.
2. Recording: The agent shall keep a record of all open market orders and the bids submitted in competition thereon, and such records shall also be open to public inspection at all reasonable times.
G. Waiver Of Competitive Bidding: The Mayor and Board of Commissioners may waive the requirement for competitive contractual 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 said item or service sought to be purchased is unique and the purchasing agent has certified that said item or service is available from only one source. A full and complete statement of the reasons for approving each waiver of competitive bidding shall be entered in the minutes of the Board of Commissioners. Nothing in this subsection shall be to prohibit emergency purchases made in accordance with section 2-2-7 of this chapter.
(Ord. 2007-28, 9-18-2007; amd. Ord. 2022-23, 10-4-2022)