Chapter 7 Purchasing Code

Sec. 7.16.  Competitive Sealed Bidding
                    
A.     Invitation to Bid. Where competitive sealed bidding is utilized, an invitation to bid shall be issued which shall include a purchase description and all contractual terms and conditions applicable to the procurement.

B.     Public Notice

1.     Adequate Public Notice of the Invitation to Bid shall be given a minimum of five (5) calendar days prior to the date set forth therein for the opening of bids. Such notice may include publication in a newspaper of general circulation or posting in the Bureau of Purchasing and Materials Management, 4th Floor of City Hall, a minimum of five (5) calendar days prior to bid opening.

2.     Where it can be demonstrated that an urgent requirement for supplies or services exists, the requirement for public notice may be waived by the appropriate procurement officer.

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 to bid. The amount of each bid, and such other relevant information as may be specified in the invitation to bid, together with the name of each bidder, shall be recorded. Bids and bid file shall be available for public inspection after opening.

D.     Bid Acceptance. Bids shall be unconditionally accepted, except as authorized in this Code.

E.     Correction or Withdrawal of Bids. Correction or withdrawal of inadvertently erroneous bids shall be permitted up to the time of bid opening. After bid opening, no changes in bid prices or other provisions shall be permitted; provided, however, the Director shall have the authority to waive minor irregularities.

F.     Bid Evaluation and Award. Bids shall be evaluated based on the requirements set forth in the invitation to bid, which may include criteria to determine acceptability, such as inspection, testing, quality, workmanship, delivery and suitability for a particular purpose. Those criteria that will affect the bid price and be considered in evaluation for award shall be objectively measurable, such as discounts, transportation costs and total or life cycle costs, etc. The Invitation to Bid 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 to Bid.

1.     The contract shall be awarded to the lowest responsible and responsive bidder whose bid meets the requirements and criteria set forth in the Invitation to Bid. In determining "lowest responsible bidder," in addition to the bid evaluation criteria above, the following may be considered:

a.     The ability and skill of the bidder to perform the contract.

b.     Whether the bidder can perform the contract, provide the supplies/services promptly, without delay or within the time specified.

c.     The quality of performance of previous contracts or services.

G.     Multistep Sealed Bidding. When it is considered impractical (due to insufficient data, uncertain requirements, etc.) to initially prepare a purchase description to support an award based on price, an invitation for proposals may be issued requesting the submission of unpriced offers to be followed by an Invitation to Bid limited to those bidders whose proposals have been qualified under the criteria set forth in the invitation for proposals.

(Ord. of 7-18-1988, Doc. #22235; Ord. of 7-8-1996, Doc. #29463; Ord. of 12-13-1999, § 1, Doc. #32494)

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