1-10B-6: LOWEST RESPONSIBLE BIDDER:
A. Considerations: In awarding to the lowest responsible bidder, the city shall consider, in addition to price:
1. The quality of supplies offered;
2. The ability, capacity and skill of the bidder to perform the contract or provide the supplies or service required;
3. Whether the bidder can perform the contract or provide the supplies promptly, or within the time specified, without delay or interference;
4. The sufficiency of the bidder’s financial resources and the effect thereof on his ability to perform the contract or provide the supplies or services;
5. The character, integrity, reputation, judgment, experience and efficiency of the bidder;
6. The quality of the bidder’s performance on previous orders or contracts for the city or others;
7. Litigation by or against the bidder, either pending or threatened, where claim is made that the bidder provided or furnished materially defective workmanship or materials to the city, or failed to substantially comply with bid specifications or contract terms and conditions;
8. Any previous or existing noncompliance by the bidder with laws and ordinances of the city relating directly or indirectly to the subject of the contract;
9. The ability of the bidder to provide future maintenance and service, where such maintenance and service is essential;
10. Possession or ability to obtain all necessary city and state licenses either at the time of bid or before doing business with the city, as specified by the contracting agent;
11. A statement by bidder of all subcontractors he will use who may do or supply ten percent (10%) or more of the total contract being awarded, or a willingness to supply such listing of subcontractors at the time of bid award.
B. Award To Other Than Lowest Bidder: When the award is not given to the lowest bidder, a statement of the reasons therefor shall be presented by the department head involved, sent to and approved by the city manager and city attorney and filed with the purchasing manager along with any other papers related to the transaction.
C. Challenge To Action Of Purchasing Manager: Where a bid is protested by someone having standing to do so, or an irregularity is waived by the purchasing manager, written notice of such protest or waiver shall be given to each bidder immediately, advising the right of any person adversely affected to file a protest with the purchasing manager. Such protest must be in writing, made within seventy-two (72) hours after the bid tabulation or after receipt of the notice of protest or waiver from the purchasing manager. Failure to so file shall constitute a waiver of further challenge. Upon receipt of such challenge, the contract award process must cease until a decision of the hearing board unless the purchasing manager sets forth in writing particular facts and circumstances which require continuance of the contract award process without delay in order to avoid an immediate and serious danger to the public health, safety and welfare. An administrative hearing of the protest shall be held within fifteen (15) days. The hearing shall be conducted and decided by the city manager and two (2) department heads. Their decision shall be final. (Ord. 2018-04-004, 4-5-2018; amd. Ord. 2023-026, 10-19-2023)