In the awarding of contracts, the Board shall give, whenever
practicable, a preference to bidders who are residents or taxpayers
of the City.
All supplies for the various departments of the City government
shall be purchased in the City or through the business houses representing
the manufacturers of the commodities required.
[Added 4-27-1976 by G.O. No. 4-1976]
In the awarding of construction contracts for City work, the
Board shall insist, wherever practical, that, as a condition of the
award, the contractor shall agree to employ City residents before
hiring nonresidents.
The Board shall disregard all bids or proposals not complying
with the terms of the public notice or advertisement inviting the
same.
No bids shall be accepted from nor contract awarded to any person
who is in arrears to the City upon any debts or contract or who is
in default as surety or otherwise upon any obligation to the City
or who has refused or neglected to execute any contract awarded to
him or to give the surety, if any, required for the performance thereof
within the time fixed therefor.
Whenever any bid or proposal consists of two or more separate
and distinct items, said Board may, in its discretion, award a contract
upon any one or more of such items, in the same manner and with the
same force and effect as though the several separate and distinct
items of such bid were each in the form of a separate and distinct
bid or proposal.
[Added 11-12-2013 by G.O.
No. 8-2013]
A.
The denial or disqualification of a bidder on the determination of
irresponsibility must be made in writing by the purchasing authority
by certified mail, return receipt requested, and sent to the bidder.
B.
The notified party may appeal the decision of the purchasing authority
to the Appeals Panel by filing a written request for review, setting
forth the reasons for the appeal, within 10 days after receipt of
the notice from the purchasing authority. The appealing party shall
be entitled to a hearing by the Appeals Panel only if requested in
a written request for review.
C.
A timely request for appeal shall stay any action of the purchasing
authority in awarding the underlying contract until the Appeals Panel
has decided the appeal. If a request for appeal is not made within
the ten-day period, the action of the purchasing authority is final.
D.
Appeals Panel. The hearing shall be conducted by a panel consisting
of three members: the Commissioner of Public Works, the Commissioner
of Finance, and the City Engineer, or their duly authorized designees.
The Appeals Panel shall convene within 10 business days of receipt
of a written notice by the bidder of its request for a due process
hearing.
E.
Hearing. The Appeals Panel shall consider any evidence presented
by the bidder, or its representative, whether or not the evidence
is presented in compliance with formal rules of evidence. The bidder
will be given the opportunity to present evidence, information and
arguments, and call witnesses if necessary, as to why the contractor
believes it should be deemed a responsible bidder. The Panel may,
if necessary, seek its additional evidence and inquire further into
the contractor's business dealings and/or financials, in addition
to calling its own witnesses or cross-examining witnesses, in order
to reach its determination.
F.
Decision. The Panel shall make its decision on the basis of the preponderance
of the evidence. The Panel must render a written decision within two
days after the conclusion of the hearing. The Panel shall affirm,
reverse or modify the action of the purchasing authority. The decision
of the Panel is final as to the administrative remedies with the City.
