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Sec. 28-24(1). Invitation for reverse auction bids.
(a) Competitive reverse auction bids shall be solicited through an invitation for reverse auction bids. The invitation for reverse auction bids shall be issued and shall include specifications and any applicable evaluation criteria. Contractual terms and conditions may be included within the solicitation document or incorporated by reference.
(b) A prequalification process may be conducted prior to the issuance of an invitation for reverse auction bids in order to establish a list of qualified bidders. In the event a prequalification process is used, the contract officer shall only consider bids that are submitted from prequalified bidders.
Sec. 28-24(2). Public notice. Notice of the invitation for reverse auction bids shall be electronically posted and the invitation for reverse auction bids shall be available for public inspection not less than fourteen (14) days prior to the date set forth therein for the close of the auction. A shorter time may be deemed necessary for a particular procurement as determined in writing by the director. The public notice shall state the location of the internet website hosting the reverse auction.
Sec. 28-24(3). Bid acceptance and bid evaluation. Bids shall be unconditionally accepted without alteration or correction, except as authorized in this chapter. Bids shall be evaluated based on the requirements set forth in the invitation for reverse auction bids, which may include criteria to determine acceptability such as inspection, testing, quality, workmanship, delivery, and suitability for a particular purpose. The invitation for reverse auction bids shall set forth the evaluation criteria to be used. No criteria may be used in bid evaluation that is not set forth in the invitation for reverse auction bids.
Sec. 28-24(4). Correction or withdrawal of bids; cancellation of awards. Correction or withdrawal of inadvertently erroneous bids before or after auction closing, or cancellation of awards or contracts based on such bid mistakes, may be permitted where appropriate. Mistakes discovered before auction closing may be modified or withdrawn by written notice received in the department prior to the time set for auction closing.
Mistakes discovered after auction closing may be modified or withdrawn only to the extent that the bidder can show by clear and convincing evidence that a mistake of a nonjudgmental character was made, the nature of the mistake, and the bid price actually intended. After auction closing, no changes in bid prices or other bid provisions prejudicial to the interest of the city or fair competition shall be permitted. In lieu of bid correction, a bidder alleging a mistake may be permitted to withdraw its bid if:
(a) The mistake is clearly evident in the auction transcripts, but the intended correct bid is not similarly evident; or
(b) The bidder submits evidence that clearly and convincingly demonstrates that a mistake was made.
All decisions to permit the correction or withdrawal of bids, or to cancel awards based on bid mistakes, shall be supported by a written determination made by the director.
Sec. 28-24(5). Contract award. The contract shall be awarded by appropriate notice to the lowest responsible and responsive bidder whose bid conforms in all material respects to requirements and criteria set forth in the invitation for reverse auction bids.
(Ord. No. 10404, § 1, 5-15-07; Ord. No. 11296, § 1, 8-5-15)
Sec. 28-25(1). Cancellation of solicitations. An invitation for bids, a request for proposals, a request for qualifications, an invitation for reverse auction bids or other solicitation may be cancelled prior to opening or after opening when it is in the best interest of the city.
Sec. 28-25(2). Cancellation of solicitations prior to opening.
(a) As used in this section, "opening" means the date and time set for opening of bids, receipt of statements of qualifications or receipt of proposals in competitive sealed proposals or in the case of a reverse auction means the date and time set for the auction close.
(b) Prior to opening, a solicitation may be cancelled in whole or in part when the director determines in writing that such action is in the city's best interest for reasons including but not limited to:
(i) The city no longer requires the materials, services, or construction;
(ii) The city no longer can reasonably expect to fund the procurement;
(iii) Proposed amendments to the solicitation would be of such magnitude that a new solicitation is in the best interest of the city; or
(iv) It is otherwise not advantageous to the city.
(c) When a solicitation is cancelled prior to opening, notice of cancellation shall be publicly posted.
(d) The notice of cancellation shall:
(i) Identify the solicitation;
(ii) Briefly explain the reason for cancellation; and
(iii) Where appropriate, explain that an opportunity will be given to compete on any resolicitation or any future procurements of similar materials, services, or construction.
Sec. 28-25(3). Cancellation of solicitation after opening but prior to award.
(a) After opening but prior to award, a solicitation may be cancelled when the director determines in writing that such action is in the city's best interest for reasons including but not limited to:
(i) The city no longer requires the materials, services or construction;
(ii) Ambiguous, erroneous or otherwise inadequate specifications or scopes of work were part of the solicitation;
(iii) The solicitation did not provide for consideration of all factors of significance to the city;
(iv) Prices exceed available funds and it would not be appropriate to adjust quantities to come within available funds;
(v) All otherwise acceptable bids, statements of qualifications or proposals received are at clearly unreasonable prices;
(vi) There is reason to believe that the bids, statements of qualifications or proposals may not have been independently arrived at in open competition, may have been collusive, or may have been submitted in bad faith;
(vii) Competition was insufficient; or
(viii) It is otherwise not advantageous to the city.
(b) A notice of cancellation of the solicitation shall be sent to all persons that submitted bids, statements of qualifications or proposals, and it shall conform to subsection 28-25(2)(d) of this section.
(c) All bids, proposals or statements received shall remain, to the extent possible, confidential.
Sec. 28-25(4). Documentation. The reasons for cancellation shall be made a part of the procurement file and shall be available for public inspection.
(Ord. No. 10404, § 1, 5-15-07; Ord. No. 11296, § 1, 8-5-15)
(a) A bid may be rejected if:
(i) The bidder is determined to be nonresponsible pursuant to section 28-27 (Responsibility of bidders, offerors and respondents);
(ii) The bid is nonresponsive in accordance with section 28-17 (competitive sealed bidding);
(iii) The proposed price exceeds available funds or is unreasonable; or
(iv) It is otherwise not advantageous to the city.
(b) A proposal, statement of qualifications, or reverse auction bid may be rejected if:
(i) The person responding to the solicitation is determined to be nonresponsible pursuant to section 28-27 (responsibility of bidders, offerors and respondents); or
(ii) It is unacceptable;
(iii) The proposed price exceeds available funds or is unreasonable; or
(iv) It is otherwise not advantageous to the city.
(c) The reasons for rejection shall be made a part of the procurement file and shall be available for public inspection.
(Ord. No. 10404, § 1, 5-15-07; Ord. No. 11296, § 1, 8-5-15)
Sec. 28-27(1). Findings of nonresponsibility. If a bidder, offeror or respondent who otherwise would have been awarded a contract is found nonresponsible, a written finding of nonresponsibility, setting forth the basis of the finding, shall be prepared by the contract officer. The unreasonable failure of a bidder, offeror or respondent to promptly supply information in connection with an inquiry with respect to responsibility may be grounds for a finding of nonresponsibility with respect to such bidder or offeror. The written finding shall be made part of the contract file and be made a public record.
Sec. 28-27(2). Right of nondisclosure. Confidential information furnished by a bidder, offeror or respondent in response to an inquiry of responsibility pursuant to this section shall not be disclosed by the city outside of the department, using agency, or individuals involved in the evaluation process without prior written consent by the bidder, offeror or respondent. Confidential information shall be identified and managed in accordance with section 28-5.
Sec. 28-27(3). Factors. Factors to be considered in determining if a prospective contractor is responsible include:
(a) The proposed contractor's financial, physical, personnel or other resources, including subcontracts;
(b) The proposed contractor's record of performance and integrity;
(c) Whether the proposed contractor is qualified legally to contract with the city; and
(d) Whether the proposed contractor supplied all necessary information concerning its responsibility.
Sec. 28-27(4). Responsibility criteria. The contract officer may establish specific responsibility criteria for a particular procurement. Any specific responsibility criteria shall be set forth in the solicitation.
(Ord. No. 10404, § 1, 5-15-07; Ord. No. 11296, § 1, 8-5-15)
The director may require the submission of security to guarantee faithful bid and contract performance. In determining the amount and type of security required for each contract, the director shall consider the nature of the performance and the need for future protection to the city. The requirement for security must be included in the invitation for bids, invitation for reverse auction bids or request for proposals. Failure to submit security in the amount and type of security required may result in the rejection of the bid or proposal.
(Ord. No. 10404, § 1, 5-15-07)
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