Unless the Cottage City Commission, by a majority of the whole number
of members elected to the Commission, finds another method of procurement
to be more advantageous and waives the requirements of competitive
bidding for good cause shown, all purchases and contracts by the Town,
shall be awarded through a competitive sealed bid process when the
amount of the purchase or contract is anticipated to be $3,000 or
more. Competitive sealed bidding shall be the preferred method for
Town procurement regarding goods and nonpersonal services which is
expected to exceed $3,000.
Invitation for bids. An invitation for bids shall be in writing and
shall include specifications, and all contractual terms and conditions
applicable to the procurement. Public notice of the invitation shall
be given at least 15 days prior to the opening of the bids.
Bid opening. Bids shall be opened and recorded publicly as outlined
in the invitation for bids, in the presence of one or more witnesses
at the time and place designated in the invitation for bids.
Bid acceptance and evaluation. Bids shall be unconditionally accepted
without alteration or correction except as authorized in this chapter,
and shall be evaluated based on the requirements and criteria set
forth in the invitation for bids.
Bid correction or withdrawal. Mistakes discovered after bid opening
resulting in downward correction of a bid, which would displace the
apparent low bidder, shall only be permitted if the error made and
the intended bid price can be determined by the Town solely from the
bid documents. Upward correction of a bid, established from the bid
documents, shall be permitted only if the Town finds that the mistake
was inadvertent and bona fide and that it would be unconscionable
to require the bidder to enter into a contract at the bid price. All
decisions to permit the correction or withdrawal of bids based upon
bid mistakes, shall be supported by a written determination made by
the Town Manager.
When appropriate to use. In lieu of bid specifications, a request
for proposal may be issued. A request for proposal may be issued when
a desired outcome is sought, but the method for achieving that outcome
is not defined in a detailed specification, or allows for presenting
different options for achieving the desired outcome beyond proposed
specifications. Services or goods purchased by request for proposal
shall be awarded based on a variety of factors, including project
approach, experience, price, and such other criteria as shall be defined
and specifically set forth in the request for proposal. Requests for
proposal shall be posted in the same manner as bid specifications,
and responses shall be sealed in the same manner as bids. Proposals
shall be solicited through a request for proposals by public notice.
Such public notice shall be given at least 15 days prior to the opening
of the proposals.
Confidentiality of proposals. The identity of any offeror or the
contents of any proposal shall not be disclosed to competing offerors
during the evaluation process.
Bid regulations applicable to proposals. Subsections B through G of § 14-3 relating to competitive sealed bids shall also be applicable to competitive sealed proposals.
Discussion with responsible offerors and revisions to proposals.
As provided in the request for proposals; discussions may be conducted
with responsible offerors who submit proposals determined to be reasonably
susceptible to being selected for award for the purpose of clarification
to assure full understanding of, and conformance to, the solicitation
requirements. Offerors shall be accorded fair and equal treatment
with respect to any opportunity for discussion and revision of proposal
and such revisions may be permitted after submissions and prior to
award for the purpose of obtaining best and final offers. In conducting
discussions there shall be no discussion of the identity of competing
offerors.
Award. Award shall be made to the responsible offeror whose proposal
is determined in writing to be the most advantageous to the Town taking
into consideration price and the evaluation factors set forth in the
request for proposals. The contract file shall contain the basis on
which the award is made, and shall be retained pursuant to the approved
records retention schedule.
The use of a request for proposals or other methods of procurement
under this chapter must be authorized by a majority vote of the full
Commission upon a good cause showing that such method is more advantageous
for the Town than competitive sealed bidding.
All procurements within Part II must be approved by the Commission
before coming effective.