A. General. The purchasing agent or other designee shall issue invitations to bid or requests for proposals for materials, supplies, equipment, services, insurance, public contracts, and other items required for the city.

B. Invitation to Bid. An invitation to bid shall describe the material, supplies, equipment, services, and/or insurance with sufficient particularity to allow for competitive bidding and evaluation, and shall include a procurement description, and contractual terms and conditions applicable to the procurement. An advertisement for bids is to be published at least twice in a newspaper of general circulation, printed and published in the city and in as many additional issues and publications as the manager may determine, at least five days prior to the opening of bids. Alternatively, bids may be advertised on the city’s website or on an electronic bid solicitation website. In such case it is not necessary to advertise in the newspaper, unless the city manager determines it is in the best interest of the city. Advertising for bids relating to Class B and C road major improvement projects (greater than or equal to the amount specified by state code) shall be published according to the requirements of the state code.

C. Bid and Proposal Submissions. Bidders must submit responsive bids and proposals on or before the bid closing to the purchasing agent to be eligible for consideration. The city purchasing agent may in his or her discretion consider a bid or proposal which was timely submitted via a delivery medium which arrives after the bid closing, provided acceptance of the bid or proposal is reasonably determined by the purchasing agent to be in the best interest of the city and there is no evidence or likelihood of collusion or fraud upon the procurement process. Formal bids shall otherwise be opened at a public bid opening.

D. Award under Invitation to Bid. Contracts for procurement under an invitation to bid shall be awarded with reasonable promptness by written notice to the lowest responsive and responsible bidder whose bid meets the requirements and criteria set forth in the invitation for bids. Determinations may be based on one or more or any combination of factors which will serve to meet city requirements at the best economic advantage to the city including, but not limited to: unit cost, life cycle cost, economic cost analysis, operating efficiency, warranty and quality, compatibility with existing equipment and systems, maintenance costs (to include consideration for the cost associated with proprietary invention), experience and responsibility of bidder. In the event all bids for a construction project 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 city manager or the purchasing agent is authorized, 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.

E. Two-Step Awards. When it is considered impractical to prepare initially 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.

F. Lowest Responsible Bidder.

G. Competitive Sealed Proposals. As an alternative to the bidding process provided for in this section, competitive proposals may be solicited in the discretion of the purchasing agent, city manager, or a department head, and a contract may be entered into by competitive sealed proposals.

H. Waiver of Defects, Technicalities. The city purchasing agent, together with the head of the department purchasing the good or service, may waive defects and technicalities when so doing is in the best interest of the city. The city purchasing agent shall, where practicable, take responsible efforts to notify all bidders of the determination thereof.

I. Bid Bond. A bid bond may be required on items, contracts, materials, and services procured under this chapter.

J. Notices Inviting Bids and Quotations. Notices inviting bids or quotations shall be published at least five days before the date of the opening of the bids in a manner which the purchasing agent determines is in the city’s best interest to meet the purposes of this chapter, including but not limited to publication on an electronic bulletin board, on the Internet, in commonly read trade publications, radio, television, cable television, or in a newspaper of general circulation in the city. Notices advertising pending procurements by bid or request for proposals under this section shall be posted on a public bulletin board at City Hall, and, where practicable, shall be posted at least five days before the procurement is contracted.

K. 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 purchasing agent determines that the city’s interest is better served by not readvertising for bids, the city may require the tie bidder to submit a rebid within five days. [Ord. 06-18-2013A § 2].