Sec. 2-243. - Competitive sealed bidding.

(a)

All supplies and contractual services, except as otherwise provided in this article, exceeding the amount provided by section 2-246 shall be awarded by competitive bidding unless it is determined in writing that this method is not practicable. Factor to be considered in determining whether competitive sealed bidding is practicable shall include whether:

(1)

Specifications can be prepared that permit award on the basis of either the lowest qualified bid price or the lowest qualified evaluated bid price; and

(2)

The available sources, the time and place of performance, and other relevant circumstances as are appropriate for the use of competitive sealed bidding.

(b)

Notice of inviting bids:

(1)

The invitation for bids shall state whether award shall be made on the basis of the lowest bid price or the lowest evaluated or responsive bid price. If the latter basis is used, the objective measurable criteria to be utilized shall be set forth in the invitation for bids if available.

(2)

Adequate public notice of the invitation for bids shall be given a sufficient time prior to the date set forth therein for the opening of bids. Such notice may include publication in a newspaper of general circulation in the state as determined by the purchasing agent for the city not less than seven days nor more than 21 days before the date set for opening of the bids. The purchasing agent may make a written determination of the 21-day limitation needs to be waived. The written determination shall state the reason why the 21-day limitation is being waived and shall state the number of days, giving a minimum and maximum, before the date set for the opening of bids when public notice is to be given.

(3)

The purchasing agent will have available at all times in his office for inspection by the public, all advertisements for public sealed bids and/or requests for quotations.

(c)

Bid opening procedure:

(1)

Bids shall be opened publicly in full view of the public at the time and place designated in the invitation for bids.

(2)

Each bid, together with the name of the bidder, shall be recorded and an abstract made available for public inspection. Subsequent to the awarding of the bid, all documents pertinent to the awarding of the bid shall be made available and open to public inspection and retained in the bid file.

(3)

The contract shall be awarded with reasonable promptness by written notice to the responsive and responsible bidder whose bid is either the lowest bid price, or lowest evaluated or responsive bid price.

(4)

The awarding of any bid in the amount provided by section 2-246 or greater which is not given to the lowest responsible bidder, except when competitive negotiation applies, shall require approval by the city council. A statement of the reasons awarding the bid to a party other than the lowest responsible bidder shall be prepared by the mayor and filed with the other papers relating to the transaction.

(5)

Correction or withdrawal of bids may be allowed only to the extent permitted by regulations issued by the purchasing agent.

(d)

Prequalification of contractors:

(1)

The city may provide for prequalification of suppliers as responsible prospective contractors for particular types of supplies, services, and construction. The city shall adopt regulations for prequalification in the same manner provided for in the adoption of ordinances in the manner provided for in the home rule charter. Solicitation mailing lists of potential contractors of such supplies, services, and construction shall include but need not be limited to such prequalified contractors. Prequalification shall not foreclose a written determination:

a.

Between the time of the opening or receipt of offers and the making of an award, that a prequalified supplier is not responsible;

b.

That a supplier who is not prequalified at the time of bid opening or receipt of offers is responsible.

(2)

The city council hereby adopts and ratifies the regulations for prequalification as established by the city as of August 16, 1993, as prequalification regulations of the purchasing division of the city.

(Rev. Ords. 1987, § 2-243; Ch. 877, § I, 6-6-23)