(a)
Except as otherwise excluded by this Chapter 161, the City hereby adopts a standard for competitive bid contracts, which standard shall conform to the lowest and best bidder standard.
(b) A bidder for a contract with the City required to be bid competitively shall be considered responsive if said bidder's bid proposal responds to bid specifications in all material respects and contains no irregularities or deviations from the specifications which would affect the amount of the bid or otherwise give the bidder any competitive advantage. Any bid which fails to comply materially with the terms of the bid notice will be rejected. Bids which are not accompanied with bonds, as required in the notice, shall be deemed to have failed to comply with the terms of the bid notice.
(c) In the event that no bidders are in compliance with the bid specifications, then all bids shall be rejected on the subject competitive bid contract.
(d) All non-responsive bids shall be rejected on the subject competitive bid contract.
(e) In determining whether a bidder is best, the following factors shall be considered:
(1) The bidder's experience;
(2) The bidder's financial condition;
(3) The bidder's conduct and performance on previous contracts;
(4) The bidder's facilities for manufacturing and/or service;
(5) The bidder's management skills;
(6) The bidder's ability to execute the contract properly in all respects;
(7) The character, integrity, reputation, judgment, experience and efficiency of the bidder;
(8) The quality, availability, and adaptability of the supplies or contractual services to the particular use required;
(9) The ability of the bidder to provide future maintenance and service for the use of the subject of the contract, where applicable;
(10) The number and scope of conditions attached to the bid; and
(11) The bidder's participation in certification programs or projects that that encourage the advancement of businesses certified by the State of Ohio as socially and economically disadvantaged business enterprises.
(f) The Board of Control or its designee shall obtain from the lowest responsive bidder any and all information that the Board of Control or Council shall deem to be appropriate to the consideration of the items expressed in the foregoing subsection (e).
(g) Each and every bidder rejected as non-responsive whose bid was lower than the lowest responsive bidder shall be notified of the finding that its bid was non-responsive and the reasons for the finding, in writing, by certified mail.
(h) In the event the Board of Control shall deem it appropriate, all bidders may be required to provide some or all of such information as outlined in subsection (e) hereof together with their bids.
(i) In the event the lowest responsive bidder is best, the contract shall be awarded to such bidder unless all bidders are rejected.
(j)
In the event that the lowest responsive bidder is determined not to be best, such bidder shall be notified in writing by certified mail of the finding that such bidder is not best. In the alterntivate all bidders shall be rejected.
(k) In the event the lowest responsive bidder is determined not to be best and in the event all bidders are not rejected, the Board of Control shall follow the procedures set forth herein with each next lowest responsive bidder until the contract shall be awarded or in the alternative, all bidders are rejected.
(l) In the event that not all bids are rejected as provided for herein, any bidder who is notified in accordance with this Chapter may object to the rejection of its bids upon filing a formal written protest which shall be received by the Director of Public Safety or designee within five (5) days of the receipt of the rejection notification provided to the rejected bidder as set forth herein, as applicable.
(m) In the event of the receipt of a timely protest filed pursuant to this section by a rejected bidder, the Director of Public Safety or designee shall meet with the protesting bidder to hear the bidder's objection.
(n) No award of a contract shall become final until after the Director of Public Safety or his designee shall have met with all rejected bidders who have filed protests in a timely manner pursuant to the conditions of this section and the award is confirmed by vote of the majority of the Board of Control.
(o) In the event that all protests as filed pursuant to this section are rejected by the Director of Public Safety or designee, the award of the contract shall be affirmed.
(p)
In the event that a protest shall not be rejected, any procedures set forth herein which have not already been applied to the bidder instituting such protest or if more than one protest is not rejected to the lowest bidder making such a protest shall be applied to that bidder. If in accordance with the application procedures set forth herein, such bidder is determined then to be the lowest and best bidder, the contract shall be awarded to such bidder and any previous award shall be reversed. If in accordance with the applicable procedures set forth herein, each such bidder is determined to not be the lowest and best bidder, then the previous award of the contract shall be affirmed.
(q) Only other lower bidders than the awarded bid shall be permitted to file protest under the terms and conditions of this section.
(r) The City shall retain discretion in determining whether a bidder is responsible and/or best. The Board of Control shall exercise the discretion as to whether the bids submitted shall be responsive or best. All bids as submitted in conformity with competitive bid contracts for the City may be submitted by certified mail, personal delivery or by electronic transmission to the City.
(s) The format on request for proposals and/or advertised bids for competitive construction contracts to be awarded pursuant to competitive bid procedures shall be in such form as is prescribed by the Director of Public Safety or designee for each such project. Such format as prescribed by the Director may include general unit contract price bidding for an entire project as well as individual component bidding for said construction project. All of said format for the submission of bids shall be in conformity local and state law, to the extent not inconsistent with the City’s exercise of its home rule authority and federal law.
(Ord. 2015-12. Passed 4-20-15.)