§ 36-34  Competitive Sealed Bidding.
   (A)   Invitation for bids.  Where competitive sealed bidding is utilized, an invitation for bids shall be issued which shall include a purchase description and all contractual terms and conditions applicable to the procurement.
   (B)   Public notice.  Adequate public notice of the invitation for bids shall be given a reasonable time prior to the date set forth herein for the opening of bids, as required by law, or in accordance with policy approved by the City Administrator.  Such notice may include publication in a newspaper of general circulation at a reasonable time prior to bid opening.
   (C)   Bid opening.  Bids shall be opened publicly in the presence of one or more witnesses at the time and place designated in the invitation for bids.  The amount of each bid and such other relevant information as may be specified in the invitation for bids, together with the name of each bidder, shall be recorded.  The record and each bid shall be open to public inspection.
   (D)   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 bids, which may include criteria to determine acceptability, such as inspection, testing, quality, workmanship, delivery, availability of follow-up service and suitability for a particular purpose.  Those criteria that will affect the bid price and which will be considered in evaluation for award shall be objectively measurable, such as discounts, transportation costs, and total or life-cycle costs.  The invitation for bids shall set forth the evaluation criteria to be used.  No criteria may be used in bid evaluation that are not set forth in the invitation for bids.
   (E)   Award, generally.  The contract shall be awarded with reasonable promptness by written notice to the lowest responsible and responsive bidder whose bid meets the requirements and criteria set forth in the invitation for bids, subject to the qualifications set forth herein, as determined by the City Council; and a bid may not be rejected except on the basis of criteria set forth in the invitation for bids.  In the event all bids exceed available funds as certified by the appropriate fiscal officer, and the low responsive and responsible bid does not exceed such funds by more than five percent, the Purchasing Agent is authorized, where permitted by law, in situations where time or economic considerations preclude resolicitation of work or a reduced scope, to negotiate an adjustment of the bid price, including changes in the bid requirements, with the low responsive and responsible bidder, in order to bring the bid within the amount of available funds.
   (F)   Award to other than low bidder.  When the agent is to recommend the award of the contract to other than the lowest bidder, a full and complete statement of the reasons for such a recommendation shall be prepared by the agent and filed with the other papers relating to the transaction.
   (G)   Correction or withdrawal of bids; cancellation of awards.  Correction or withdrawal of inadvertently erroneous bids before or after award, or cancellation of awards or contracts based on such bid mistakes, shall be permitted in accordance with regulations promulgated by the materials management division.  After bid opening, no changes in bid prices or other provisions of bids prejudicial to the interest of the city or fair competition shall be permitted.  Except as otherwise provided by regulation, all decisions to permit the correction or withdrawal of bids, or to cancel awards or contracts based on bid mistakes, shall be supported by a written determination made by the Purchasing Agent.
   (H)   Multistep sealed bidding.  When it is considered impractical to initially prepare a purchase description to support an award based on price, an invitation for bids may be issued requesting the submission of unpriced offers to be followed by an invitation for bids limited to those bidders whose offers have been qualified under the criteria set forth in the first solicitation.
   (I)   Change orders.  Change orders exceeding ten percent of the original contract, where such amount is in excess of the amount as provided for in A.R.S. § 41-2535, as amended, require Council approval unless otherwise provided for in the original contract as approved by the City Council.
('80 Code, § 12-55)  (Ord. 2018, passed 6-17-81; Ord. 2195, passed 4-4-84; Ord. 2662, passed 7-6-94)
Charter reference:
   Formal bidding, see Charter Art. XII, § 1(b)