§ 38.22. Competitive sealed bidding.

(A)

Invitation for bids. An invitation for bids shall be issued which shall include the specifications and all contractual terms and conditions applicable to the procurement.

(B)

Public notice. Public notice of the invitation for bids shall be published in a newspaper of general circulation in Sarasota or Manatee County once for a period not less than 14 days prior to bid receiving date or for a period as required by F.S. ch. 287 for public works projects. A bid invitation shall be made available to all vendors through an electronic notification service. The public notice shall identify the item being bid and state the place, date, and time of bid opening.

(C)

Bidders list. Bids shall be invited from all responsible prospective vendors through an electronic notification service or such other notice as will acquaint them with the proposed purchase. Vendor invitations to bid shall be limited to goods and services that are similar in character and ordinarily handled by the trade group to which the invitations are sent.

(D)

Bid submission. Bids must be received no later than the time and date and at the location specified for the bid opening in the invitation for bids. No bids shall be accepted after such time and date or at any location other than what is specified in the invitation for bids; any bids received later or at any other location than specified shall be returned to the bidder. It shall be the bidder's sole responsibility to ensure that its bid reaches the specified place for receipt of bids by the specified time. Bidders shall be allowed to withdraw their bids at any time prior to bid opening.

(E)

Bid opening. Bids shall be opened publicly in the presence of one or more witnesses at the time and place specified in the invitation for bids. The name of each bidder shall be announced and recorded at the public opening as indicated in the invitation for bids or accepted and announced at a later time as allowed by F.S. ch. 119. Bids will be made public in accordance with the provisions of F.S. ch. 119.

(F)

Bid cancellation or postponement. The purchasing manager may, prior to bid opening, elect to cancel an invitation for bids or postpone the date and/or time of bid submission or opening.

(G)

Corrections, additions to, and withdrawal. The purchasing manager shall promulgate and adopt policies regarding corrections, additions to, and withdrawal of bids.

(H)

Bid receipt and bid evaluation. Bids shall be received without alteration or correction, except as authorized in this chapter. Bids shall be evaluated based on the criteria set forth in the invitation for bids. No criteria may be used in bid evaluation that are not set forth in the invitation for bids.

(I)

Bid award. The town manager shall make award to the responsive and responsible bidder whose bid is determined to be the lowest and best bid that meets the requirements and criteria set forth in the invitation for bids and whose award will, in the opinion of the town manager, be in the best interest and most advantageous to the town. Awards shall be effective upon issuance of a purchase order, or written notice of award by the town manager. In the event only one responsive bid is received, the town manager may award to the sole bidder or rebid. Awards shall subsequently be posted at the town hall public bulletin board. Bids with contracts will be approved for execution by the town manager, or any official authorized by the town manager, when the bid awards period has been completed.

(J)

Rejection of bids. The town manager reserves the right to accept or reject any and all bids or parts of bids at any time when the public interest will be served thereby. The town manager shall notify the town commission of any bid rejections pursuant to this subsection.

(K)

Multi-step sealed bidding. When it is considered impractical to initially prepare a purchase description to support an award based on price, an invitation for bids may be issued requesting the submission of unpriced offers, or information relating to the experience and capabilities of the prospective bidders, to be followed by an invitation for bids limited to those bidders whose offers or experience and capabilities have been determined to be acceptable under the criteria set forth in the first solicitation.

(L)

Tie bids. If two or more bids received are for the same total amount or unit price, or in the case of proposals, the qualifications, quality, and service are equal, the contract shall be awarded to the local bidder/proposer. A local firm is defined as a firm with headquarters in geographical Manatee or Sarasota County. Headquarters shall mean the office location that serves as the administrative center and principal place of business. If two or more bids received are for the same total amount or unit price or in the case of proposals, the qualifications, quality, and service are equal and no firms are deemed local, then the contract shall be awarded by drawing lots in public.

(Ord. 03-03, passed 3-3-03; Ord. 2011-27, passed 8-10-11; Ord. 2014-24, passed 7-7-14; Ord. 2015-18, passed 7-6-15)