(1) If any prospective bidder makes a false or deceptive statement in any such certified statement or makes any material omission therein, he shall be liable to the City in the amount of the certified check filed as security for his bid, as liquidated damages.
(2) Unless an advertisement or other written invitation to bid competitively for a City contract expressly provides for a different period, any person may withdraw any bid filed and any security therefor and may refuse to enter into any contract with the City if his bid has not been accepted within 60 days of the opening for bids. 7
(3) Any bidder, not lawfully released from his bid, who refuses to execute a contract in accordance with his bid which the Procurement Department has accepted, or refuses to furnish required bonds, shall be liable to the City in the amount of the certified check filed as security for his bid, as liquidated damages; or shall be comparably liable on any annual bid bond which the Procurement Department has accepted pursuant to subsection 8-200(2)(a) of the Charter; or where the damages are readily ascertainable, such bidder shall be liable for the actual loss or damage sustained by the City by the failure of such bidder to perform the contract. 8
(4) The cost to successful bidders for the preparation of the contract documents shall be in accordance with such schedule of fees as the Law Department may establish to cover the costs of such preparation. 9
(5) (a) As to each bid which is advertised by the Procurement Department and publicly opened, each person submitting a bid shall pay a processing fee, as follows:
(.1) During the City's Fiscal Year 1993, the following fee depending on the amount of the bid:
Amount of the Bid | Processing Fee |
Amount of the Bid | Processing Fee |
$10,001 - 100,000 | $10 |
$100,001 - 300,000 | $30 |
$300,001 - 500,000 | $50 |
$500,001 - 1,000,000 | $100 |
$1,000,001 - 2,000,000 | $200 |
$2,000,001 - 3,000,000 | $300 |
$3,000,001 - 4,000,000 | $400 |
$4,000,001 - 5,000,000 | $500 |
Over $5,000,000 | $600 |
(.2) During the City's Fiscal Year 1994 and thereafter, the fee shall be in an amount set by the Procurement Department by regulation. In promulgating such regulations, the Procurement Department shall determine the fees that are required to reimburse the City for the costs it incurs in processing bids to which this subsection 17-102(5) applies. Until the Procurement Department promulgates such regulations, the fees set forth in subsection 17-102(5)(a)(.1) shall continue in effect.
(b) The Procurement Department shall not accept any bid from any person who has: (i) failed to pay any processing fee imposed by this Section as to any previously submitted bid; and (ii) failed to comply with a written request for such payment within the time period specified in the notification sent by the Procurement Department pursuant to subsection 17-102(5)(c). In addition, in every contract awarded based on a bid to which this subsection 17-102(5) applies, a provision shall be included that obligates the bidder to pay any unpaid processing fees imposed by this Section before any payments are made to the bidder under the contract.
(c) The Procurement Department shall notify any bidder who has failed to pay any processing fee imposed by this Section of such fact. Such notification shall inform the bidder of the consequences of the failure to pay such fee as set forth in subsection 17-102(5)(b), and shall request payment within a specified time period.
(d) In addition to the remedies set forth in subsection 17-102(5)(b), any unpaid processing fees imposed by this Section shall be considered a debt due and owing the City and shall be collected in the manner provided by law.
Notes
| 6 | Amended by adding subsection (5), 1992 Ordinances, p. 594. |
| 7 | Source: 1918 Ordinances, p. 183. |
| 8 | Source: 1940 Ordinances, p. 331. |
| 9 | Source: 1931 Ordinances, p. 402. |