§ 126.202. Competitive sealed bid.

Unless otherwise recommended by the Chief and approved by the GGAC, the formal procurement of supplies, contractual services and capital improvements shall be purchased by formal written contract and/or agreement based upon an award via competitive sealed bid to the lowest, responsive, responsible bidder meeting or exceeding advertised specifications, as recommended by the Chief and determined by the GGAC, after public notice or advertisement of an invitation for bids. No formal purchase order, contract, or agreement shall be subdivided to avoid the requirements of this Section. The following procedures shall be observed in the award of all formal contract purchases via the Competitive Sealed Bid method of procurement:

(a)

Solicitation and public notice or advertisement. The Chief shall solicit bids from responsible bidders, and may do so by issuing public notice or advertisement as will acquaint bidders with the proposed solicitation. The Chief shall cause public notice or advertisement of the solicitation be given a reasonable period of time prior to the public opening or the place, date and time at which responses are due as set forth in the solicitation: (i) by posting said public notice on a bulletin board located in the office of the Division; and (ii) in accordance with Section 126.102(m), hereof. The solicitation shall contain a detailed description of the services sought, the time and date for the receipt of responses and of the public opening, and all contractual terms and conditions applicable to the procurement, including the criteria to be used in evaluating responsiveness and responsibility. The solicitation shall contain a description of any renewal(s) contemplated in the underlying contract, and shall require responses thereto to include a price for each renewal year for which the contract may be renewed. Evaluation of responses shall include, in addition to other criteria described in the solicitation, consideration of the proposed total cost for each renewal year. Renewals shall be contingent upon satisfactory performance evaluations by the using agency in question, in concert with the Division and shall be subject to approval by the GGAC and to the availability of appropriated funds. Criteria that are not set forth in the solicitation may not be used in evaluating responses.

(b)

Public opening and tabulation. Solicitation responses shall be opened publicly by the Division in the presence of one or more witnesses at the time and place set forth in the solicitation (any response received in advance of the date and time of the public opening shall not be opened until the time set forth in the solicitation). Unless otherwise designated by the Chief, the time of the public opening shall be established by the official bid clock located in the office of the Division, with which potential bidders and proposers are encouraged to familiarize themselves. Subject to the Chief and the GGAC's discretion to waive minor irregularities that will not result in an unfair economic or competitive advantage or disadvantage to any bidder or proposer, any response not received prior to the time specified, as determined by the official bid clock, will not be considered and will be returned as non-responsive. For each timely submitted response, the Division shall immediately record the bidder or proposer's name and information necessary to evaluate the criteria set forth in the solicitation, including, without limitation, the proposed amount, alternates, unit prices, fees, contract renewal amount(s), if any, and such other relevant information as deemed appropriate by the Chief. Responses and tabulations received and/or generated by the Division pursuant to solicitations hereunder are exempt from public inspection or disclosure until such time as the Division provides notice of a decision and/or award regarding the same or within ten calendar days after public opening, whichever is earlier.

(c)

Response acceptance, evaluation, correction and withdrawal. Except as otherwise provided herein, timely submitted bids shall be accepted as submitted without alteration, modification, or correction, and shall be evaluated pursuant to the objectively measurable evaluation criteria or factors set forth in the solicitation. After public opening, bidders or proposers shall not be permitted to alter, modify, correct, or unilaterally withdraw their responses and other requirements to the extent the same would negatively impact the integrity of the competitive procurement process or would result in an unfair economic or competitive advantage or disadvantage to any bidder or proposer (any request for alteration, modification, correction, or withdrawal, whether before or after public opening, must be submitted in writing to the Chief). Bidders or proposers shall not be permitted to withdraw their responses unless approved by the Chief upon a showing of the following equitable factors: (i) the bidder or proposer acted in good faith in submitting its response; (ii) in preparing the response there was an error of such magnitude that enforcement of the response would work severe hardship upon the bidder or proposer; (iii) the error was not a result of gross negligence or willful inattention; (iv) the error was discovered and communicated to the Chief, along with a written request for permission to withdraw the response, which request must be submitted before acceptance of the response; and (v) bidder or proposer has no history of submitting erroneous bids or proposals that result in requests to withdraw or alter the same.

(d)

Product acceptability and price. For purposes of this Section 126.202, objectively measurable evaluation criteria or factors means the criteria only as set forth in the solicitation, used to evaluate responsiveness and responsibility, which may include, without limitation, criteria necessary to evaluate: (i) product acceptability , such as examinations, inspection, testing, quality, workmanship, delivery and other evaluation factors, which shall be used for the purpose of determining product suitability according to the requirements and/or criteria only as set forth in the solicitation, and shall not be used for the purpose of comparing the superiority of differing products proposed by bidders or proposers, unless otherwise provided herein (the solicitation may include a requirement that, at the time of public opening, bidders or proposers submit product literature, samples, certification and other documentation necessary for the purpose of evaluating product suitability); and (ii) price , such as discounts, transportation costs, total or life-cycle costs and other objectively measurable factors, which affect the proposed amount contained in solicitation responses, and which are set forth in the solicitation. Nothing in this Section shall be deemed to permit discussions or negotiations with bidders after bid opening, except as otherwise provided herein.

(e)

Award. Consistent with the requirements of Section 126.201(d), awards shall be made with reasonable promptness by written notification to the lowest, responsive, responsible bidder, as recommended by the Chief and the GGAC Awards Committee and approval by the Mayor, subject to Section 126.201(d)(2) hereof, in accordance with only those objectively measurable evaluation criteria or factors set forth in the solicitation. Written notification will also be given to each unsuccessful bidder. An award or decision, recommendation, or action of the Chief or GGAC under this Section may be protested, in accordance with the Division's Protest Procedures, by those adversely affected thereby and who: (i) have standing to do so under Florida law; and (ii) have properly and timely complied with the requirements of the protest procedures established by the Chief that are in existence at the time of bid opening.

(Ord. 2004-602-E, § 4; Ord. 2005-944-E, § 1)

Editor's note

Ordinance 2007-839-E, § 18, authorized updated department/division names pursuant to reorganization.