§ 2-202. Competitive sealed bids.

(a)

Unless otherwise excepted in this article, competitive sealed bids shall be used for purchases of $20,000 or more. In addition, the competitive sealed bid method is the preferred method for procuring construction, if the conditions in subsection 2-202(b) apply.

(b)

In order for competitive sealed bidding to be feasible, the following conditions should be present:

(1)

A complete, adequate, and realistic specification or purchase description is available;

(2)

Two or more responsible bidders are willing and able to compete effectively for the business; and

(3)

The procurement lends itself to a firm fixed price contract and the selection of the successful bidder can be made principally on the basis of price.

(c)

If competitive sealed bids are used, the following requirements apply:

(1)

Bids and the invitation for bids must be publicly advertised;

(2)

Bids must be solicited from an adequate number of known suppliers, providing them sufficient response time prior to the date set for opening;

(3)

The invitation for bids, which will include any specifications and pertinent attachments, must define the items or services in order for the bidder to properly respond;

(4)

All bids will be publicly opened at the time and place prescribed in the invitation for bids;

(5)

A firm fixed price contract award will be made in writing to the lowest responsive and responsible bidder. Where specified in bidding documents, factors such as discounts, transportation costs, and life cycle costs must be considered in determining which bid is lowest. Payment discounts will only be used to determine the low bid when prior experience indicates that such discounts are usually taken advantage of. No criteria for award may be used that is not set forth in the invitation to bid or subsequent addendum; and

(6)

Any or all bids may be rejected if there is a sound documented reason.

(d)

Information in a bid which concerns the responsibility of the bidder shall not necessarily be considered conclusive at the time of the bid opening, except when the invitation to bid contains a requirement that the particular information be provided by a bidder in his bid. In its determination of a bidder's responsibility of a bidder, the county may include consideration of a bidder's conduct and performance under previous contracts with the county and other local governments or state or federal agencies, including but not limited to, delinquency or determinations of the quality of the bidder's previous work. In order to determine responsibility, county staff may, after bid opening, request additional information from a bidder concerning its ability to perform; and a bidder may provide additional or corrective information concerning its responsibility as bidder in response to any county staff request.

(e)

In order to maintain the integrity of the competitive sealed bid process, to assure fairness, and to avoid delays or poor contract performance, the following provisions shall govern the correction of information submitted in a bid when that information is a determinant of the responsiveness of the bid:

(1)

No bidder will be permitted to correct a bid mistake after bid opening that would cause such bidder to have the low bid, except for the correction of errors in extension of unit prices in the bids (multiplication, division, addition, or subtraction). In such cases, the unit price bid may not be changed.

(2)

Notwithstanding the foregoing, the board reserves the right to cancel any awards or contracts based on bid mistakes, after a written determination of the mistake by the procurement coordinator or his or her designee.

(f)

A bidder may withdraw its bid at any time prior to the bid opening date and time set forth in the public notice of the invitation to bid. Bids may not be withdrawn after said time except when the request for withdrawal has been submitted in writing to the procurement coordinator, said request clearly states the reasons for withdrawal, and the procurement coordinator approves the withdrawal.

(g)

Contracts resulting from the competitive sealed bid process shall be awarded with reasonable promptness by the board by written notice to the successful bidder. A lack of conformity to a bid requirement which is not substantive in nature may be considered a technicality or irregularity which may be waived by the county. In the award process, the board reserves the right to reject any and all bids for any reason including, but not limited to, non-responsiveness of bid(s), unavailability of adequate funding, unreasonable price in bid(s), non-responsibility of bidder(s), or a change in the requirements since the issuance of an invitation to bid, or where the board determines the public interest requires such rejection.

(h)

When the provisions of F.S. § 287.087, do not apply to break a tie bid, in cases of tie bids of two or more responsible and responsive bidders with monetary as well as all award criteria identified, the award shall be made on a lot drawn by the procurement coordinator before at least three witnesses.

(i)

The board may authorize negotiation of the bid price with the lowest responsive and responsible bidder in order to reduce the bid price, provided such reduction does not result in the modification or deletion of any other bid requirements; or the board may reject all bids and authorize re-advertisement, as the board deems appropriate

(j)

In the event the lowest responsible and responsive bidder defaults on the contract awarded through the competitive sealed bid process, the board may award the contract to the next lowest responsible and responsive bidder. When awarding a contract to the next lowest bidder due to default of the lowest bidder, the board shall reserve the right to seize the bid bond of the lowest bidder for failure to faithfully perform under the terms of the bid specifications.

(k)

When bonding is required, bonding requirements shall be stated in the bid documents. For construction projects which are estimated at $200,000.00 or more, a bid bond in the minimum amount of five percent shall be required of the vendor. Upon award of a bid for construction projects that are $200,000.00 or more, a performance and payment bond, in an amount equal to the total bid price will be required of the vendor. This requirement shall not preclude a user department from requesting bonds for projects less than $200,000.00.

(Ord. No. 2018-005 , § 2, 10-2-2018)