§ 66-62. Invitation to bid.

(a)

Conditions for use. Competitive sealed bidding ("invitation to bid") may be used when:

(1)

The proposed procurement exceeds the small purchase amount; and

(2)

Precise specifications of the needed product, service, or construction are known and can be described in an invitation to bid; and

(3)

It is in the city's best interest to do so. Procurement by invitation to bid is not required if the procurement official determines that another procurement method is in the best interest of the city or if this article provides otherwise.

(b)

Content of invitation to bid. The invitation to bid shall state, or incorporate by reference, all specifications, minimum requirements, contractual terms and conditions, performance and/or payment bond requirements, insurance requirements, and other information applicable to the procurement.

(c)

Multiple submittals. Only one bid from a respondent for each procurement solicitation shall be considered. In the event a respondent timely submits more than one bid, the last bid received shall be the bid considered. If multiple submittals are received in one envelope, none of the submittals will be considered.

(d)

Selection committee. A selection committee may be used. Such determination shall be made by the procurement official and/or the mayor.

(e)

Public notice. Public notice of the invitation to bid, and of selection committee meetings, if applicable, shall be given in accordance with applicable state statutes. Public notice of an invitation to bid may also be provided electronically in accordance with section 66-183 and as permitted by law.

(f)

Pre-bid conference. A pre-bid conference may be held at the option of the procurement official.

(g)

Bid modification or interpretation. The terms of an invitation to bid may be modified or interpreted by a written addendum issued by the procurement official. Any addendum to an invitation to bid shall be sent to each registered recipient of the invitation to bid. Each respondent shall acknowledge receipt of all addenda in writing. If a respondent does not acknowledge receipt of all material addenda, the respondent shall not be selected as the respondent with whom to contract for procurement. A "material" addendum is an addendum that directly affects price and/or competition.

(h)

Bid opening. Bids shall be opened publicly on the date and at the time and place designated in the invitation to bid. After opening each bid, the bid amount and the respondent's name shall be recorded, signed by the procurement official and witnessed. Such bid record shall be open to public inspection to the extent permitted by F.S. ch. 119 and shall be made available to the public as provided by law.

(i)

Selection of respondent with whom to contract. The procurement official, after considering the recommendation of the selection committee, if applicable, shall select the bid that will provide the best value to the city. Such selection shall be based on the content of the bid, together with the criteria contained in section 66-71. For contracts that will be funded in whole or in part by federal agencies which require selection based on lowest responsive bid, the criteria contained in section 66-71 shall constitute the criteria for determining a responsive bid.

(j)

Notice of selection. The procurement official shall notify in writing the respondent selected based on section 66-71 below as the respondent with whom there is an intent to award a contract.

(k)

Cancellation or rejection of bids. If the procurement official determines that it is in the best interest of the city to do so, the city may cancel an invitation to bid and may or may not re-bid or may accept or reject any or all bids in whole or in part, in accordance with section 66-70.

(l)

Waiver of irregularities. The procurement official shall have the authority to waive all nonmaterial irregularities on any and all bids except timeliness and signature requirements. Additionally, the procurement official shall have the authority to correct obvious math errors, subject to the right of the respondent to withdraw the bid pursuant to subsection 66-62(m) below.

(m)

Withdrawal of erroneous bids. Withdrawal of erroneous bids after bid opening may be permitted where appropriate, as determined by the procurement official. A respondent alleging a material mistake may be permitted to withdraw its bid if the mistake is clearly evident or the respondent submits evidence which clearly and convincingly demonstrates that a mistake was made. Withdrawal means the respondent will not be considered for selection.

(n)

Tie bids. In the event two or more bids tie for the determination of best value to the city, the procurement official will determine the best value by considering the following factors in the order below:

(1)

Service-disabled veteran business enterprise, pursuant to F.S. § 295.187;

(2)

Commitment to comply with the living wage program;

(3)

Certified small business;

(4)

Coin toss.

(Ord. No. 4292-10, § 2, 12-13-2010; Ord. No. 4762-18, § 3, 2-12-2018, eff. 5-1-2018; Ord. No. 4744-17, § 4, 1-29-2018)