(A) Bidding will be employed when detailed specifications for the goods or services to be procured can be prepared and the primary basis for the award is cost. When the cost of a contract, lease or other agreement for materials, supplies, equipment or contractual services other than those for personal or professional exceeds seven thousand, five hundred dollars ($7,500), and invitation for bids (IFB) notice will generally be prepared. This notice will be published at least once in at least one (1) official newspaper of general circulation within the community. This newspaper notice will appear not less than seven (7) days and not more than twenty-one (21) days before the due date for bid proposals. The Mayor may also solicit sealed bids from prospective suppliers by sending them a copy of such notice.
(B) The IFB will include a general description of the goods or services to be procured, the bid deposit and bond performance required (if applicable), the location where bid forms and speculations may be secured, the time and place for opening bids, and whether the bid award will be made on the basis of the lowest bid price or the lowest evaluated price.
(C) If the lowest evaluated price is used, the measureable criteria to be utilized must be stated in the IFB. The newspaper notice must also contain language which calls to the attention of bidders that it is the bidder's responsibility to comply with all applicable state and federal legal requirements which must be complied with including, but not limited to, for example: Section 3 of the 1968 Housing Act, Section 109 of the 1974 Housing and Community Development Act, the Civil Rights Act of 1964, Executive Order 11246, the Davis-Bacon Act, and KRS 337.505 et seq. The newspaper notice shall contain a statement that “all bidders shall expressly warrant and represent in any contract or agreement with the city, that the bidder will comply with all applicable state and federal laws and regulations in the performance of any contract or agreement with the city as well as the performance of any contract or agreement with any subcontractor or third-party in connection with any contract or agreement between the bidder and the city.”
(D) In addition to price, the following are bid evaluation criteria which may be used with varying weight dependent upon the particular procurement to be made. The criteria and their weights will be established by the IFB.
(1) The character, integrity, reputation, judgment, experience and efficiency of the vendor.
(2) The ability of the vendor to provide the material or service promptly or within the time specified, without delay or interference.
(3) The quality of performance by the vendor on previous contracts, order or services.
(4) The ability of the vendor to provide future maintenance and service for all equipment purchased from the vendor.
(E) The criteria upon which a bid will be awarded, will be established by a review committee which will include, if possible, persons with applicable technical skills. The Mayor will appoint the reviewers, making certain that these individuals have no potential conflicts of interest with the firms or individuals under review. The committee will have no less than three (3) members. Committee will maintain written records of its deliberations including an evaluation of each bid received.
(F) Sealed bids will be opened in public at the time and the place stated in the IFB's. The bids will be tabulated by the City Clerk at the time of bid opening. The results of the tabulation and the bid documents will be evaluated by the review committee which make recommendations to the City Council. The City Council will make recommendations to the City Council. The City Council will make the decision as to whom the contract shall be awarded. After the bid award is made by the City Council, a contract will be prepared for execution by the successful bidder. After the contract is signed, all bid deposits will be returned to all unsuccessful bidders.
(G) The city may cancel an invitation for bid or reject all bids if it is determined in writing that such is in the best interests of the city. The city may allow a vendor to withdraw a bid if requested at any time prior to the bid opening. Bids received after the time set for bid opening shall be returned to vendor unopened.
(Ord. 15-2010, passed 12-14-10)
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Editor’s note:
KRS. 337.505 et seq. repealed by 2017 Ky. Acts ch. 3, sec. 14, effective January 9, 2017.