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A. All contracts of the Village for the purchase of equipment, supplies, contractual services or construction of public improvements exceeding ten thousand dollars ($10,000.00) shall be awarded by competitive sealed bidding, except as otherwise provided.
B. The Purchasing Agent shall issue an invitation for bids which shall include specifications and all contractual terms and conditions applicable to the procurement.
C. Adequate public notice of the invitation for bids shall be given not less than ten (10) calendar days prior to the date set forth therein for the opening of bids. Such notice may include publication in a newspaper of general circulation within the community in a reasonable time prior to bid opening. The public notice shall state the place, date, and time of bid opening.
D. Bids shall be opened publicly in the presence of one or more witnesses at the time and place designated in the invitation for bids.
E. Bids shall be evaluated based on the requirements set forth in the invitation for bids, which may include criteria to determine acceptability such as inspections, testing, quality, workmanship, delivery, and suitability for particular purposes. Those criteria that will affect the bid price and be considered in evaluation for award shall be objectively measurable such as discounts, transportation costs, and total or life cycle costs. The invitation for bids shall set forth the evaluation criteria to be used.
F. Correction or withdrawal of inadvertently erroneous bids before or after bid opening, or cancellation of awards or contracts based on such bid mistakes, may be permitted where appropriate. If mistakes are discovered before bid opening, the bid may be withdrawn by written notice received in the office designated in the invitation for bids prior to the time set for bid opening. Any modification prior to the bid opening must be submitted in a sealed envelope prior to the scheduled opening of the bid. After bid opening, no changes in bid prices or other provision of bids prejudicial to the interest of the Village or fair competition shall be permitted. In lieu of the bid correction, a low bidder alleging a material mistake of fact may be permitted to withdraw its bid if, in the sole judgment of the Board of Trustees:
1. The mistake is clearly evident on the face of the bid document but the intended correct bid is not similarly evident; or
2. The bidder submits evidence which clearly and convincingly demonstrates that a mistake was made.
All requests to permit the correction or withdrawal of bids or to cancel awards or contracts based on bid mistakes shall be supported by a written request to the Purchasing Agent indicating the reason for the request.
G. Unless all bids are rejected by the Board of Trustees, the contract shall be awarded with reasonable promptness by appropriate written notice to the lowest responsible and responsive bidder whose bid meets the requirements and criteria set forth in the invitation for bids. In the event the low responsive and responsible bid for a construction of public improvements project exceeds available funds, the Purchasing Agent is authorized, when time or economic considerations preclude resolicitation of work of a reduced scope, to negotiate an adjustment of the bid price with the low responsive and responsible bidder, in order to bring the bid within the amount of available funds.
H. When it is considered impractical to prepare initially a purchase description to support an award based on price, an invitation for bids may be issued requesting the submission of unpriced offers to be followed by an invitation for bids limited to those bidders whose offers have been determined to be technically acceptable under the criteria set forth in the first solicitation. (Ord. 2019-23, 4-18-2019)