Competitive Bidding Procedure
Presentation to City Commission
All competitive bidding or competitive proposal solicitations shall be presented to the City Commission for their consideration prior to advertisement.
Advertisement for Bids Required
Notice of the competitive bid shall be advertised in accordance with the requirements of the Florida Statutes, as may be amended from time to time. All of the City’s formal solicitation notices shall be publicly advertised at least once in a newspaper of general circulation and on the City’ website, and on BidSync. Vendors registered on BidSync shall be able to download solicitations directly from the website and shall automatically receive notifications for solicitations that they are registered for.
When deemed necessary by the chief procurement officer, bid deposits or sureties shall be prescribed in the public notice inviting bids. Unsuccessful bidders shall be entitled to return of the deposit or surety where the chief procurement officer has required same. A successful bidder shall forfeit any deposit or surety required by the chief procurement officer upon failure on its part to enter a contract within 15 days after the award.
Sureties on Performance
For all competitive bids seeking commodities or services in excess of $200,000 the chief procurement officer or appropriate staff person shall include as a requirement of such advertised bids a performance bond in the total contract amount. The chief procurement officer, in his or her discretion, may require such performance bonds for bids seeking commodities or services in an amount of $200,000 or less.
The City manager shall have the discretion to waive the performance bond requirement in the event of an undue hardship or emergency. Any bonding company used must be listed on the United States Department of the Treasury’s Circular 570. Additionally, the bonding company must be rated at least “A,” Class VI, by Best’s Key Rating Guide, published by A.M. Best Company, and be authorized to do business in the state.
Written addenda will be issued when changes, clarification or amendments to the invitation for bids are deemed necessary.
Bid Opening Procedure
- Bids shall be submitted sealed to the City Clerk, or at such location as otherwise designated in the bid, and shall be identified as bids on the envelope.
- Bids shall be opened in public at City Hall by the City Clerk or designee at the time and place stated in the public notice. All bids shall be publicly announced at the time of opening.
- A tabulation of all bids received shall be posted for public inspection.
- No late bids shall be accepted or opened, and, if received after the date and time called for in the bid notice, shall be retained unopened by the City Clerk.
- Failure to properly sign bids shall invalidate them and they shall not be considered.
- The bids opened shall contain a copy to be filed in the City Clerk’s Office.
- The City reserves the right to waive any irregularities in the bids, as determined by the chief procurement officer and approved by the City manager.
Rejection of Bids
The City manager and City Commission may reject any bids, parts of all bids, or all bids for any one or more commodities or services included in the proposed contract when the public interest will be served thereby. The chief procurement officer shall not accept a bid from a contractor who is in default on the payment of taxes licenses or other moneys due the City.
An initial purchase of, or contract for, commodities or services, in excess of $25,000, shall require the approval of the City Commission, regardless of whether the competitive bidding or competitive proposal procedures were followed. Contracts shall be awarded to the lowest responsive, responsible bidder. In determining the “lowest responsive, responsible bidder,” the chief procurement officer shall consider:
- The prices contained in the bid
- The ability, capacity, and skill of the bidder to perform the contract or provide the service required
- Whether the bidder can perform the contract or provide the service promptly or within the time specified, without delay or interference
- The character, integrity, reputation, judgment, experience, and efficiency of the bidder
- The quality of performance of previous contracts of services, including, but not limited to, City contracts
- The previous and existing compliance by the bidder with laws and ordinances relating to the contract or service
- The sufficiency of the financial resources and ability of the bidder to perform the contract or provide the service
- The quality, availability, and adaptability of the commodities or services to the particular use required
- The ability of the bidder to provide future maintenance and service for the use of the subject of the contract
- The number and scope of conditions attached to the bid
- The overall cost to the City
- Whether the bidder is involved in any pending litigation with the City
- The best interests of the City
Determination & Findings Statement
When the award is not given to the most responsive, responsible bidder, a determination and findings statement shall be prepared by the chief procurement officer and filed with the other papers relating to the transaction.
- If the determination of lowest responsive, responsible bidder results in a tie, the contract may be split when it is to the City’s advantage as determined by the chief procurement officer.
- If the chief procurement officer determines not to split the bid, the contract shall be awarded by first preference to businesses with drug-free workplace programs, and then by publicly drawing lots.
Prohibition Against Subdivision
No contract of purchase shall be subdivided to avoid the requirements of this section.
Inspection of Bids
Inspection of the City’s formal bids and proposals shall be conducted in accordance with applicable state law, including Florida Statute Chapter 119, as said statutes may be amended from time to time.