The following shall apply to those purchases that require a competitive bidding procedure.
A. Notice Inviting Bids.
1. Newspaper. Notice shall be given by publication in a newspaper of general circulation and published in Delaware County. Such notice by publication to be published in two (2) consecutive weekly issues of said newspaper, with the first publication thereof to be at least twenty-one (21) days prior to the date set for opening bids. The newspaper 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 City Manager 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 City Manager 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 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.
3. Trade or Construction Publication. Notice shall be sent to at least one (1) trade or construction publication dealing with projects related to the City public construction project, whenever the estimated cost of the public construction contract exceeds One Hundred Thousand Dollars ($100,000.00), or the cost of the subcontract exceeds Fifty Thousand Dollars ($50,000), as set forth in the Oklahoma Public Competitive Bidding Act. However, actual publication in such journal is not required.
B. Bid Deposits. When deemed necessary by the City Manager, 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 part to enter a contract within the time specified in the bid notice.
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 the public notices.
3. Tabulation. A tabulation of all bids received shall be made by the City Manager 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 materials, supplies, equipment, or Contractual Services included in the proposed contract when the public interest will be served thereby. The Council shall have the authority to reject all bids, parts of any or all bids, for Construction Projects in accordance with the Oklahoma Public Competitive Bidding Act, as amended from time to time.
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; or
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 City Manager was an attempt to unduly influence the award of the bid.
E. Bidders in Default to the City. The City shall not accept the bids of a contractor who is in default on the payment of taxes, licenses, utility payments, or other monies due the City.
F. Award of Contract. 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 within the period of time set forth in the bid notice. Bid Specifications may include a point system for evaluating the bid(s). In addition to those factors established by state law, the following factors may be considered:
1. Price,
2. The ability, capacity and skill of the bidder to perform the contract or provide the service required,
3. Whether the bidder can perform the contract or provide the service promptly or within the time specified, without delay or interference,
4. The character, integrity, reputation, judgment, experience and efficiency of the bidder,
5. The quality of performance of previous contracts or services,
6. The previous and existing compliance by the bidder with laws and ordinances relating to the contract or service,
7. The sufficiency of the financial resources and ability of the bidder to perform the contract or provide the service,
8. The quality, availability and adaptability of the supplies, materials, equipment 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,
10. Where an earlier delivery date would be of great benefit to the City, the date and terms of delivery may be considered in the bid award,
11. The number and scope of conditions attached to the bid, and
12. If a point system has been utilized in the bid specifications, the number of points earned by the bidder.
G. Award to Other than Lowest Secure Bidder. When the award is not given to the lowest secure bidder meeting specifications, 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.
H. 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 (as defined by the City Business License Ordinance).
2. Bidders of Equal Status. Where paragraph 8.a. of this section is not determinative, the City Manager shall award the contract to one of the tie bidders by drawing lots in public.
I. Change Orders. City Manager may approve change orders of contracts for supplies, materials, equipment or Contractual Services as long as change orders do not exceed ten percent (10%) of total costs or time of contract, not to exceed, in aggregate, Twenty-Five Thousand Dollars ($25,000). Any change orders of contracts for supplies, materials, equipment, or Contractual Services in excess of the aggregate amount set forth in the preceding sentence shall require Council approval. Any change order for Construction Projects requires the approval of the Council in accordance with the Oklahoma Competitive Bidding Act as amended from time to time.
J. Performance Bonds and Insurance. Before entering a contract, the City Manager shall have the authority to require a performance bond or irrevocable letter of credit in such amount as he shall find reasonably necessary to protect the best interests of the City. The City Manager shall also have the authority to require the contractor to maintain reasonable public liability and workers’ compensation insurance during construction.
K. Prohibition Against Subdivision. No contract or purchase shall be subdivided to avoid the requirements of this section.
L. Sole Source. 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 City Manager has certified that to the best of his knowledge, after diligent inquiry, the item or service is available from only one source. The City Manager may require the department head or official request the bid waiver to submit an affidavit identifying the unique and material features or characteristics of the item or service.
Notwithstanding any other provisions of law to the contrary, and bid submission received by the City of Grove pursuant to authorized sole source bidding of the Oklahoma State Statutes, which substitute an item with one that is alike in quality and design or which meets the required specifications of the bid shall be considered and shall not be prohibited.
In terms of public construction contract, with exception to specific products submitted and approved prior to release for bidding for matching pre-existing materials, at least three equivalent items from more than one manufacturer and more than one supplier or representative shall be included in the required specifications.
No sole source bid proposal shall require any limitation that materials must be supplied from a vendor within any specific geographical area. Geographic preference for vendors in the geographical boundaries may be given, but only when the cost is the same or less. (Ord. 807, 10-19-2021)