(A) Use. The invitation for bids is used to initiate competitive sealed bid procurement.
(B) Content. The invitation for bids include the following:
(1) Instructions and information to bidders concerning the bid submission requirements, including the time and closing date for submission of bids, the address of the office to which bids are to be delivered and any other special information;
(2) The purchase description, evaluation factors, delivery or performance schedule and inspection and acceptance requirements not included in the purchase description; and
(3) The contract terms and conditions, including warranty and bonding or other security requirements, as applicable.
(C) Incorporation by reference. The invitation for bids may incorporate documents by reference; provided that, the invitation for bids specifies where such documents can be obtained.
(D) Acknowledgment of amendments. The invitation for bids shall require the acknowledgment of the receipt of all amendments issued.
(E) Bidding time. Bidding time is the period of time between the date of distribution of the invitation for bids and the date set for opening of bids. In each case, bidding time will be set to provide bidders a reasonable time to prepare their bids. A minimum of ten calendar days shall be provided unless a shorter time is deemed necessary for a particular procurement as determined in writing by the Purchasing Agent.
(F) Bidder submissions.
(1) Bid form. The invitation for bids shall provide a form which shall include space in which the bid price shall be inserted and which the bidder shall sign and submit along with all other necessary submissions.
(2) Facsimile bids. The invitation for bids may state that facsimile bids will be considered whenever they are received in hand at the designated office by the time specified for bid opening. Such facsimile or electronic mail bids shall contain specific reference to the invitation for bids, the time and place of delivery and a statement that the bidder agrees to all the terms, conditions and provisions of the invitation for bids. Bidders submitting facsimile bids shall submit a formal bid on the invitation for bids form within three days of the bid opening date or a time designated by the Purchasing Agent.
(3) Bid samples and descriptive literature.
(a) Descriptive literature means information available in the ordinary course of business which shows the characteristics, construction or operation of an item and assists the purchasing agency in considering whether the item meets requirements or criteria set forth in the invitation.
(b) Bid sample means a sample to be furnished by a bidder to show the characteristics of the item offered in the bid.
(c) Bid samples or descriptive literature may be required when it is necessary to evaluate required characteristics of the items bid.
(4) Sample of items. Samples of items, when called for in the invitation for bids, must be furnished free of expense and, if not destroyed by testing, will upon request, be returned at the bidder’s expense. Samples submitted by the successful bidder may be held for comparison with merchandise furnished and will not necessarily be returned. Samples must be labeled or otherwise identified as called for by the purchasing agency.
(5) Bid security. Bid bonds and performance bonds or other security may be required for supply contracts or service contracts as the Purchasing Agent deems advisable to protect the interests of the purchasing agency. Any such requirements must be set forth in the solicitation. Bid or performance bonds should not be used as a substitute for a determination of a bidder or offeror responsibility.
(6) Bid price. Bid prices submitted in response to an invitation for bids must stand alone and may not be dependent upon a bid submitted by any other bidder. A bid reliant upon the submission of another bidder will not be considered for award.
(G) Public notice.
(1) Distribution. Invitation for bids or notices of the availability of invitation for bids shall be mailed or otherwise furnished to a sufficient number of bidders for the purpose of securing reasonable competition. Notices of availability shall indicate where, when and for how long.
(2) Invitation. Invitation for bids may be obtained; generally describe the supply, service or construction desired; and may contain other appropriate information. (See also division (H) below.)
(3) Fee or deposit. Where appropriate, the Purchasing Agent may require payment of a fee or a deposit for the supplying of the invitation for bids.
(4) Publication. Every procurement in excess of $50,000 shall be publicized in any or all of the following:
(a) In a newspaper of general circulation;
(b) In a newspaper of local circulation in the area pertinent to the procurement;
(c) In industry media; or
(d) In a government publication designed for giving public notice, such as Sciquest.
(5) Public availability. A copy of the invitation for bids shall be made available for public inspection at the Purchasing Agent’s office.
(H) Bidder list.
(1) Purpose. Lists of qualified prospective bidders by commodity shall be electronically compiled and maintained by the Purchasing Agent or obtained by local searches on the internet or news media.
(2) Public availability. Subject to procedures established by the Purchasing Agent, names and addresses on bidder lists shall be available for public inspection.
(I) Pre-bid conferences. Pre-bid conferences may be conducted to explain the procurement requirements. They shall be announced to all prospective bidders known to have received an invitation for bids. The conference should be held long enough after the invitation for bids has been issued to allow bidders to become familiar with it, but sufficiently before bid opening to allow consideration of the conference results in preparing their bids. Nothing stated at the pre-bid conference shall change the invitation for bids unless a change is made by written amendment as provided in § 34.043 of this chapter and the invitation for bids and the notice of the pre-bid conference shall so provide. If a written summary of the conference is deemed advisable by the Purchasing Agent, a copy shall be supplied to all those prospective bidders known to have received an invitation for bids and shall be available as public record.
(Ord. 2020-04, passed 2-18-2020)