Where invitation for bids is required, the lowest responsive and responsible bidder shall be determined as follows:
(A) Bid opening.
(1) Sealed bids shall be submitted as designated in the notice with the statement "Bid for (Item)" on the envelope.
(2) Bids shall be opened in public at the time and place stated in the notice.
(3) A tabulation of all bids received shall be open for public inspection during regular business hours.
(B) Rejection of bids.
(1) The purchasing agent shall have the authority to reject any or all bids, parts of all bids, or all bids for any one or more supplies or contractual services included in the proposed bid for any reason allowed by law, including, but not limited to, situations where the low responsive and responsible bid exceeds available funds as certified by the appropriate city officer, or when the public interest will be served thereby.
(2) Where a bid exceeds available funds and time or economic considerations preclude re- solicitation of work or purchase of a reduced scope or quantity, the purchasing agent may, at his or her sole discretion, negotiate an adjustment of the bid price, including changes in the bid requirements, with the low responsible bidder, in order to bring the low bid within the amount of available funds.
(C) Tie bids. If two or more bids received are for the same total amount from equally responsive and responsible bidders, the purchasing agent may, at his or her sole discretion, negotiate with the tie bidders, award the bid by lot, or re-advertise the bid.
(D) Local preference.
(1) If a low bid is submitted by a non-local vendor, the bid may be awarded to a responsive and responsible local vendor if the local vendor's bid is within 5% of the low nonlocal vendor's bid, and if the local vendor agrees, in writing, within 72 hours after notification, to meet the low bid.
(2) Such notice shall contain the exact bid submitted by the nonlocal bidder, and the purchasing agent shall not award the bid until 72 hours have elapsed after notification to the local vendor.
(E) Lowest responsive and responsible bidder. In determining who is the lowest responsive and responsible bidder, in addition to price, the purchasing agent may consider factors relevant to the successful operation of the city's business and the best interests of the city as a whole.
(Ord. 36-2022, passed 1-4-2023)