eLaws | eCases | Florida State | Florida Administrative Code | Florida Courts | Counties & Cities of Florida | Code of Federal Regulations | United States Code |
 Orlando
 Code of Ordinances
 Chapter 7. PROCUREMENT CODE
 Article III. SOURCE SELECTION

  § 7.301. Competitive Sealed Bidding.  

Latest version.

  • A.

    Invitation for Bids. Competitive sealed bids shall be solicited through an Invitation for Bids. The Invitation for Bids shall include specifications and all material contractual terms and conditions applicable to the procurement.

    B.

    Prequalification. A prequalification process may be conducted prior to the issuance of an Invitation for Bids in order to establish a list of qualified bidders. In the event a prequalification process is used, the City may limit consideration to the bids that are submitted from prequalified bidders.

    C.

    Public Notice. Public notice of the Invitation for Bids shall be given a minimum of five (5) calendar days prior to the date set forth therein for the opening of bids. Where it can be demonstrated that an urgent requirement for supplies or services exists, the requirement for public notice may be waived by the Chief Procurement Officer.

    D.

    Bid Opening. Bids shall be opened publicly in the presence of one or more witnesses at the time and place designated in the Invitation for Bids. The name of each bidder, together with such other relevant information as may be specified in the Invitation for Bids, shall be documented for the record. Bids and bid files shall be made available for public inspection in compliance with Florida public records laws.

    E.

    Bid Acceptance. Bids shall be unconditionally accepted without alteration or correction, except as authorized in this Code.

    F.

    Correction or Withdrawal of Bids. Correction or withdrawal of inadvertently erroneous bids shall be permitted up to the time of bid opening. After bid opening, no changes in bid prices or to other provisions of the bid, shall be permitted; however, the Chief Procurement Officer shall have the authority to waive minor irregularities.

    G.

    Bid Evaluation. Bids shall be evaluated based on the requirements set forth in the Invitation for Bids, which may include criteria to determine acceptability, such as inspection, testing, quality, workmanship, delivery and suitability for a particular purpose. Those criteria that will affect the bid price and be considered in evaluation for award shall be objectively measurable, such as discounts, transportation costs and total or life cycle costs, etc. The Invitation for Bids shall set forth the evaluation criteria to be used. No criteria may be used in bid evaluation that is not set forth in the Invitation for Bids.

    H.

    Award. The contract shall be awarded to the lowest responsive and responsible bidder whose bid meets the requirements and criteria set forth in the Invitation for Bids.

    I.

    Award to Other than Low Bidder. When award of a solicitation is not granted to the apparent low bidder, a statement of the reason for award to the next lowest responsible and responsive bidder should be prepared and made a part of the record file.

    J.

    Tie Bids. If there are two or more low, responsive bids from responsible bidders that are identical in price and other evaluation criteria, the bid may be awarded to the bidder whose principal place of business is in the City. If neither tie bidder's principal place of business is in the City, but one bidder's principal place of business is located in the Metropolitan Statistical Area (MSA), award may be made to the bidder whose principal place of business is located within the MSA. In the event that the tie bid is not determined by the location of the bidder's principal place of business as set forth above, the Chief Procurement Officer shall not consider the location of respondents in making an award or award recommendation, but may solicit best and final bids from the tie bidders or award may be made in accordance with procedures set forth in the solicitation or as required by applicable law or a policy adopted by City Council. Notwithstanding the preceding provisions of this paragraph, in the event that a solicitation which results in a tie bid (i) involves work that is funded by the State or Federal government (or for which reimbursement may be sought from such entities), (ii) is a cooperative purchase with another public entity, (iii) or where application of a local preference is precluded by applicable law or a policy adopted by City Council, the Chief Procurement Officer shall not consider the location of respondents in making an award, or award recommendation, but may solicit best and final bids from the tie bidders or proceed as otherwise set forth in the solicitation or as required by applicable law or a policy adopted by City Council.

    K.

    Multistep Sealed Bidding. The Chief Procurement Officer may use a source selection method involving two or more competitive steps, combining the elements of both competitive sealed bids and any other authorized procurement method or procedure.

(Ord. No. 2012-44, §§ 1, 2(Att. A), 11-5-2012, Doc. #1211051201)