Fayette Sealed Bid Process ordinance (§ 112.100)

A. Bid Specifications. A list of bid specifications shall be prepared for each purchase using the sealed bid process. Bid specifications shall include at a minimum, the following:

1. Bid name.

2. Bid submission deadline.

3. Date, location, and time of bid opening.

4. Specifications for the project or services, including quantity, design, and performance features.

5. Bond and/or insurance requirements.

6. A copy of the proposed contract.

7. Any special requirements unique to the project or purchase.

8. Delivery or completion date.

9. A statement that objections, appeals or disputes must be filed with the City Clerk within seven (7) days of being known or capable of being known.

10. For construction projects, language that sets a requirement for a bid guarantee or bid bond in the amount of five percent (5%) of the bid price from all bidders, as well as performance and payment bonds in the amount of one hundred percent (100%) of the contract price from the contractor awarded the bid. If federally funded, the bidders must also include costs for Davis Bacon compliance if that is a requirement of the federal agency providing the funding.

11. If the project involves the construction or repair of City property and the amount is seventy-five thousand dollars ($75,000.00) or more, the specifications shall indicate that prevailing wage requirements must be met.

12. If the purchase is for more than five thousand dollars ($5,000.00), the specifications shall indicate that compliance with Section 285.530, RSMo.

13. The specifications shall require compliance with § 208.009 RSMo.

14. For construction projects over two thousand dollars ($2,000.00) using Federal funds, a statement that contractors will be provided with a copy of the most current wage determination (from the DOL website at http://www.wdol.gov/dba.aspx) and must comply with the Davis Bacon Act.

15. A statement that the City reserves the right at its sole discretion to reject any and all bids, wholly or in part, to waive any informalities or any irregularities therein, to accept any bid even though it may not be the lowest bid, to call for rebids, to negotiate with any bidder, and to make an award which in its sole and absolute judgment will best serve the City's interest. The City reserves the right to investigate the financial condition of any bidder to determine his or her ability to assure service throughout the term of the contract.

B. The sealed bid process shall be initiated by the issuance of a request for bids prepared by the Board of Aldermen or its designee. Notice of the request for bids shall be made by letters to known providers soliciting bid responses, advertisements posted in three (3) public locations within the City, and advertisements placed in a newspaper of general circulation in the region.

C. Notice Defined. The notice required by the preceding section shall consist of the following:

1. Notice inviting bids shall be published once in at least one (1) official newspaper of the City at least five (5) days preceding the last day set for the receipt of proposals. The newspaper notice required herein shall include a general description of the articles to be purchased or sold, shall state where bid blanks and specifications may be secured, and the time and place for opening bids.

2. The purchasing agent also shall solicit sealed bids from all responsible prospective suppliers who have requested their names be added to a "bidders' list," which the purchasing agent shall maintain, by sending them a copy of such newspaper notice or such other notice as will acquaint them with the proposed purchase or sale. In any case, invitations sent to the vendors on the bidders' list shall be limited to commodities that are similar in character and ordinarily handled by the trade group to which the invitations are sent.

3. The City Clerk also shall advertise all pending purchases or sales by a notice posted on the public bulletin board in the City Hall.

4. The City clerk also shall solicit sealed bids by direct mail request to prospective vendors and by telephone as may seem to him to be in the best interest of the City.

5. Once a request for bids has been issued, the bid specifications will be available for inspection at the City office.

D. Bid Submission.

1. All bids must be submitted in sealed envelopes, addressed to the City in care of the Purchasing Agent, and plainly marked with the name of the bid and the time of the bid opening. Bid proposals will be date stamped on the outside of the envelope immediately upon receipt. Any bid may be withdrawn, in writing, prior to the scheduled time for the opening of bids. Any bids received after the time and date specified shall not be considered and shall be returned to the bidder unopened.

2. Bidders shall bid to the specifications and any exceptions must be noted by the bidder. A bidder submitting a bid thereby certifies that the bid is made in good faith without fraud, collusion, or connection of any kind with any other bidder for the same work and that the bidder is competing solely on his/her behalf without connection with or obligation to any undisclosed person or firm.

E. Bid Opening.

1. Every bid received prior to the bid submission deadline will be publicly opened and read aloud by the Purchasing Agent. The bid opening will include the name and address of bidder; for lump-sum contracts, the lump sum base bid and the bid for each alternate; for unit price contracts, the unit price for each item and the total, if stated; and the nature and the amount of security furnished with the bid if required.

2. When possible, the bid opening shall be held prior to the selection of the successful bidder. The Purchasing Agent shall tabulate the bids for presentation to the Board of Aldermen.

F. Criteria For Bid Selection. In evaluating bids for projects, the Board of Aldermen will consider the following criteria:

1. Price.

2. Bidder's ability to perform within the specified time limits.

3. Bidder's experience and reputation, including past performance for the City.

4. Quality of the materials and services specified in the bid.

5. Bidder's ability to meet other terms and conditions, including insurance and bond requirements.

6. Bidder's financial responsibility.

7. Bidder's availability to provide future service, maintenance, and support.

8. Nature and size of the bidder.

9. Contract provisions that are acceptable to the City.

10. For construction projects over two thousand dollars ($2,000.00), the contractor's indication of acceptance of wages in the current wage determination provided as part of the request for bids.

11. Any other factors that the Board of Aldermen determines are relevant and appropriate in connection with a given project or service.

G. Change Orders. If specification changes are made prior to the close of the bid process, the request for bids will be amended and notice shall be sent to any bidder who already submitted a bid and a new bid process will be initiated. Once a bid has been accepted, if changes to the specifications become necessary, the Board of Aldermen will prepare a change order specifying the scope of the change. Once approved, the contractor and an authorized agent of the City must sign the change order.

H. Lowest Responsible Bidder.

1. The City reserves in all cases the right to reject any or all bids.

2. Bids shall not be accepted from, nor contract awarded to, a contractor who is in default on the payment of taxes, licenses, or other monies due to the City.

I. Justification Of Award. When the award is not given to the lowest bidder, a full and complete statement of the reasons for placing the order elsewhere shall be entered into the journal of the Board.

J. Exceptions. The following exceptions may apply when competitive bidding would otherwise be required; however, there must be written documentation created and maintained that outlines the process and rationale for such exceptions:

1. Competitive Proposals. If time does not permit the use of sealed bids, or the award will be made on the basis of non-price related factors, a competitive proposal process shall be initiated by the issuance of a request for proposals (RFP) or request for qualifications (RFQ) prepared by the Board of Aldermen or its designee that includes the factors that will be used to evaluate and compare the proposals. Bids or qualifications shall be obtained from an adequate number of qualified sources [at least two (2) vendors] to ensure that the City has received a fair and reasonable price and all notification and record-keeping requirements of the sealed bid process shall be followed.

2. For the procurement of architectural, engineering, or land surveying services the City will use the request for qualifications process as set forth in Sections 8.285 to 8.291 RSMo.

3. Sole Source Purchases. If the Board of Aldermen determines that there is only one (1) possible source for a proposed purchase, it may waive the bid process and authorize the purchase from the sole source.

4. Recurring Purchases. If the total value of a recurring purchase of a good or service is anticipated to exceed five thousand dollars ($5,000.00) during any fiscal year, the bid process shall be utilized and shall specify the recurring nature of the purchase. Once a bid has been accepted, all future purchases shall be made from that bidder without the necessity of additional bids, until such time as the Board of Aldermen votes to initiate a new bid process.

5. Emergency Purchases. The Board of Aldermen, or such other persons who have been given such authority by the Board of Aldermen, may award contracts and make purchases for the purpose of meeting the public emergency without complying with the bid process.

6. Cooperative Purchases. The purchasing agent is authorized to participate in cooperative purchasing programs with the United States or any agency of the United States; with the State of Missouri or any agency, municipality, or political subdivision of the State of Missouri; with other states or any agency, municipality or political subdivision of any other state; or with any association of municipalities or political subdivisions; provided, that the cooperative purchasing program follows a competitive bidding process.

7. Professional Services. The bid process shall not apply to the selection of providers for services that are characterized by a high degree of professional judgment and discretion, including legal, financial, and auditing.

8. Federally funded non-competitive purchases for two hundred fifty thousand dollars ($250,000.00) or more require a cost analysis to determine the reasonableness of the proposed pricing and should be completed in accordance with the requirements of the federal or state agency issuing the grant funding.