(a) The Council may authorize, in specific cases, expenditures of the funds of the City in amounts exceeding the amount specified in Article VI, Section 5 of the Charter for reasons specified therein without public bidding. No other expenditure exceeding that amount shall be made, except pursuant to contract made with the lowest and best bidder after advertising for bids for two consecutive weeks in a newspaper of general circulation in the City. The lowest and/or best bid shall be determined and contract awarded upon the written approval of the Mayor, the Director of Finance and the head of the department involved, except that the Mayor may refer such determination to Council.
(b) In determining whether a bid is the best bid, the following shall be considered:
(1) Did the proposal respond to bid specifications in all material respects and contain no irregularities or deviations from the specifications which would affect the amount of the bid or otherwise give the bidder a competitive advantage.
(2) The experience of the bidder.
(3) The bidder’s financial condition.
(4) The bidder’s conduct and performance on previous contracts.
(5) Facilities.
(6) The bidder’s management skills, and
(7) The bidder’s ability to execute the contract properly.
(c) All bid packages shall include questions designed to elicit the information contained in subsection (b) hereof.
(d) An apparent low bidder found not to be the best bidder shall be notified by the City of that finding and the reasons for it. Such notice shall be in writing sent by certified mail, return receipt requested.
(e) Upon the filing of a timely written protest, the City shall meet with the apparent low bidder or bidders upon a filing of a timely written protest. The protest must be received within five days of the notification by the City. No final award shall be made until the Council either affirms or reverses the City’s earliest determination.
(Ord. 2003-162. Passed 12-16-03.)