Except as otherwise provided in this chapter, all purchases requiring or a formal competitive procedure shall be made pursuant to the procedures prescribed herein:
A. Except as otherwise provided by ordinance, all formal procurements for goods and non-professional services, shall be awarded by formal competitive procedure to the lowest responsible bidder. A request for quote (RFQ) and related notices shall be distributed, and the department heads shall keep a list of the date the bids were distributed and a list of the vendors to whom the bids were distributed.
B. Under the formal procedure, the RFQ shall include a procurement description and all terms and conditions applicable to the procurement and shall, at a minimum, be posted via two of the following methods:
1. E-procurement, an online procurement system;
2. Physically at City Hall;
3. In appropriate trade publications; or
4. Other acceptable forms of general circulation or publications to maximize distribution.
C. The date of posting or publication shall be at least fourteen (14) days before the date of opening of the bids, or the final date for accepting bids. All formal bids shall be sealed and shall be publicly opened and read at the date, time, and place indicated in the published notice. Specification packages should be made available to interested bidders. The using or requesting department head shall determine if a security deposit is necessary. The requesting department head shall also determine if a payment is necessary for a prospective bidder to acquire a specifications package.
D. Received bids shall be reviewed for compliance with specifications by the using or requesting city department. All deviations from the specifications shall be fully documented by the requesting city department and the impact of the deviations on the performance or suitability of the procured item shall be detailed. Depending on the findings of the requesting city department regarding the deviations, the bid may be rejected (must be in writing), or a recommendation may be made to the city council. Various recommendations may be made depending on the outcome of the procurement, including selecting a vendor, rejecting all the bids, or deciding to modify the bids, and re-advertise.
E. Lowest Responsible Bidder. The term “lowest responsible bidder” means that bidder, which best responds in price, quality, service, fitness or capacity to the particular requirements of the city. Price alone shall not be the sole determining factor, but shall be considered along with other factors, including, but not limited to, the ability of the bidder to deliver, availability of parts and services on a timely basis, prior experience with the bidder, and other factors relating to the particular needs of the city for the supplies, equipment or services.
F. Award of Purchase or Contract. Purchases or contracts shall be awarded by a majority vote of the city council, if city council authorization is required by Section 2.24.130, to the lowest responsible bidder, except as otherwise provided herein.
G. Tie Bids. If two or more bids received are for the same total amount or unit price, quality and service being equal, and if the public interest would not be promoted by readvertising for bids, the city council may accept the low bid it chooses, or may accept the lowest bid made by negotiation with the tie bidders at the time of the bid opening. In the case of a tie, preference shall be given to responsible local bidders.
H. Performance Bonds. The purchasing officer shall have the authority to require a performance bond before entering into a contract, in such amount as he/she shall find reasonably necessary to protect the best interests of the city. If a performance bond is required, the form and amount of the bond shall be described in the notice inviting bids. (Ord. 414 § 8, 2022; Ord. 42 § 1, 1990)