(A) Prohibition against subdivision. No procurement action shall be subdivided to avoid the requirements of this procurement code.
(B) Bulk purchases. Whenever feasible, procurements shall be done in bulk to take full advantage of discounts. Purchasing agencies shall be responsible for anticipating their needs in a timely fashion in order to consolidate and expedite procurement of the same type of items. A lead purchasing agency shall be identified for procurement of commodities or services that are most common in their department. The lead purchasing agency shall accomplish the bulk citywide procurement action based on requirements identified by other departments. Capital outlay requirements shall be planned and scheduled for periodic bulk procurement actions based on approved budget quantities.
(C) Awards. Contracts for the procurement of supplies, materials and construction shall be awarded to the lowest responsible bidder unless otherwise provided for in the bidding documents or in the procurement code. The basis of award shall always be defined in the bidding documents. Among other factors that may be considered in determining lowest responsible bidders are the following:
(1) Capability. The ability and skill of the bidder to perform the contract.
(2) Timeliness. Whether the bidder can perform the contract or furnish the supplies promptly, in accordance with plans and specifications, or within the time specified, without delay or interference.
(3) Previous performance. The character, integrity, reputation, judgment, experience and efficiency of the bidder.
(4) Quality. The quality of supplies or performance on previous purchases or contracts, including known quality based on previous use, and the quality, availability and adaptability of the suppliers or contractual services to the particular use.
(5) Legal compliance. Previous and existing compliance by the bidder with laws and ordinances relating to the contract.
(6) Conditions. The number and scope of conditions attached to the bid by the bidder.
(7) Inclusion. The company has a non-discrimination policy that expressly covers, but is not limited to, race, ethnicity, color, gender, age, national origin, religion, marital status, sexual orientation, gender identity, results of genetic testing, physical or mental disability or veteran status.
(D) Award to other than low dollar bidder. Award to other than the low bidder is not allowed unless the bidder is not responsible or unless the award formula specifically allowed for other items to be taken into account to decide who is the lowest responsible bidder. When it appears appropriate not to make an award to the lowest dollar bidder, the purchasing agency Director shall prepare a written statement of the reasons for the project files.
(E) Multi-term contracts.
(1) Purchase orders or written agreements or contracts may be awarded for a maximum of five years in one-year increments. Multi-term contracts shall contain provisions for cancellation by the city in the event funds are not appropriated for the continuance of the contract. Any yearly increases in unit prices/rates shall be tied to an established CPI with a maximum yearly cap.
(2) Multi-year contracts without a "cancellation by the city" provision or contract committing future unappropriated funds or a contract without a set maximum yearly adjustment must be approved by the Board of Mayor and Aldermen. Multi year contracts that have been totally funded do not have to conform to this section.
(3) The Airport Director or his or her designee is authorized by the Board of Mayor and Aldermen to enter into multi-year agreements which do not conform to this section when, in the opinion of the Airport Director, situations arise that require immediate commitment or approval of agreements.
(F) Late bids or proposals. A bid, proposal, modification or withdrawal is late if it is received at the location designated in the invitation for bids or request for proposals, after the time and date set in the solicitation documents. Late bids or proposals shall be rejected.
(G) Mistakes in bids. A bidder may correct mistakes discovered before the time and date set for the opening of bids based on procedures in the solicitation documents. After a bid is opened, mistakes based on an error in judgment shall not be corrected or withdrawn, unless it is obvious to the city that an egregious error was made. Minor or administrative mistakes may be waived by the purchasing agency director.
(H) Cancellation of solicitations. An invitation for bids, a request for proposals, or other formal solicitations may be cancelled or rejected in whole or in part if deemed advantageous to the city.
(I) Pre-bid specifications. All specifications shall be written to promote overall economy for the purposes intended and encourage competition in satisfying the city's needs and shall not beunduly restrictive. General performance specifications may be used in a request for Proposals and Multi-step procurements when it is not desirable or feasible to prepare detailed specifications.
(J) Cost or pricing data. The submission of current cost or pricing data may be required in situations where analysis of the proposed price is essential to determine that the price is reasonable and fair. A contractor shall, when requested, submit current cost or pricing data and shall certify that the cost or pricing data submitted is accurate, complete and current as of a mutually determined specified date.
(K) Change orders. Change orders to contracts may be executed according to change order clauses provided for in the original contract provided the change order does not materially change the scope of the original procurement.
(L) Pre-bid or pre-proposal conferences. A pre-bid or pre-proposal conference may be conducted within a reasonable time before bid opening or receipt of proposals. Pre-bid or pre-proposal conferences may be mandatory. If mandatory, only those bidders attending the mandatory pre-bid conference, shall be allowed to participate in the bid or proposal. Any changes to the solicitation documents shall be provided to all eligible bidders.
(M) Prequalification. The purchasing agency may require prequalification of prospective bidders for the procurement of supplies, materials, services and construction if the procurement is less than $250,000. If the procurement is over $250,000 the purchasing agency shall conform to § 39.08 of this procurement code. Bidders have a continuing duty to provide the purchasing agency director with information on any material changes affecting the basis of prequalification.
(N) Bid or performance bonds. The purchasing agency may require the use of bid or performance bonds or other securities for the procurement of supplies, materials, services or for construction, in order to guarantee satisfactory completion of the procurement. However, any procurements over $150,000 shall require a bid and performance bond or other security satisfactory to the Purchasing Agency after consulting with the Finance Officer and the City Solicitor. Bonds required by statute will not be waived. Any such bonding or security requirements shall be set forth in the solicitation. Failure of the bidder to comply with the security requirements in the solicitation may result in the rejection of the bid or proposal.
(O) Right to inspect. The city may, at reasonable times, inspect the place of business of a contractor or any subcontractor that is related to the performance of any contract awarded or to be awarded by the city.
(P) Right to audit. The city may, at reasonable times and places, audit the books and records of any contractor who submits cost or pricing data required by solicitations. If the city determines that there may be a need to audit a procurement, the contract agreement shall define these rights and who will assume the cost of the audit.
(Q) City procurement records. All determinations and other written records pertaining to the solicitation, award or performance of a contract shall be maintained for the city in a contract file by the purchasing agency. All procurement records shall be retained and disposed of by the city according to the records retention guidelines, Internal Revenue requirements and schedules of the city.
(Ord. passed 5-3-05; Am. Ord. passed 8-3-21)