Sec. 2-110. Formal contract procedure.
(a) When the estimated cost of supplies, equipment or contractual services exceeds thirty thousand dollars ($30,000.00), no formal contract for purchase or sale shall be authorized without prior approval of the city council. All supplies, equipment, and contractual services in this category shall be purchased or sold by formal written contract, from the lowest responsible and responsive bidder, after due notice inviting bids.
(b) Notice inviting bids shall be published once in at least one official newspaper in the city and at least seven (7) days preceding the last day set for the receipt of bids. The notice shall include a general description of the articles to be purchased or sold, and shall state where bid blanks and specifications may be secured, and the date, time and place for opening bids.
(1) The risk manager shall also endeavor to distribute bid documents to responsible prospective suppliers of whom the risk manager may be aware.
(2) The risk manager shall also advertise all pending purchases or sales by a notice posted on the public bulletin board in the city administrative offices.
(c) When deemed necessary by the risk manager, bid deposits shall be prescribed in the public notice inviting bids. Unsuccessful bidders shall be entitled to a return of surety required by the risk manager. Successful bidder shall forfeit his or her bid deposit upon failure on his or her part to enter a contract within ten (10) days after the award.
(d) Bids shall be submitted sealed to the risk manager and shall be identified as bids on the envelope. Bids shall be opened in public on the date and at the time and place stated in the public notices. A tabulation of all bids received shall be available for public inspection.
(1) The city council shall have the authority to reject all bids, parts of all bids, or all bids for any one or more supplies or contractual services included in the proposed contract, when the public interest will be served thereby.
(2) The risk manager shall not accept the bid of a contractor who is in default on the payment of taxes, licenses, or other monies due the city.
(e) Contracts shall be awarded to the lowest responsible and responsive bidder. In determining "lowest responsible bidder," in addition to price, the risk manager shall consider:
(1) The ability, capacity, and skill of the bidder to perform the contract required;
(2) The character, integrity, reputation, judgment, experience and efficiency of the bidder;
(3) Whether the bidder can perform the contract within the time specified;
(4) The quality of performance of previous contracts;
(5) The previous and existing compliance by the bidder with laws and ordinances relating to the contract;
(6) The life-cost of the personal property in relation to the purchase price and specific use of the item;
(7) The performance of the personal property, taking into consideration any commonly accepted tests and standards of product usability and user requirements;
(8) Energy efficiency ratio as stated by the bidder for alternative choices of appliances or equipment;
(9) The information furnished by each bidder when deemed applicable by the risk manager, concerning life-cycle costs between alternatives for all classes of equipment, evidence of expected life, repair and maintenance costs, and energy consumption on a per-year basis;
(10) Such other information as may be secured having a bearing on the decision to award the contract.
A “responsive bidder” shall be defined as a person or company who has submitted a bid which conforms in all material respects to the “Invitation for Bids”.
(f) 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 prepared by the risk manager and filed with other papers relating to the transaction.
(g) No contract in excess of thirty thousand dollars ($30,000.00) for enlargement or general improvements, such as water extensions, sewers, public heating system, bridges, works on streets, or any other work or improvement when the cost of such enlargement or improvement is assessed to the property shall be awarded by the city council until an estimate of the cost shall be made by the city engineer and submitted to the council.
(h) Except in the case of tie bids, there shall be neither formal or tacit local vendor's preference policies. The city shall neither impose nor condone any bidding or procurement policies that result in exclusionary or anti-competitive bidding or violate state or federal antitrust laws. If all bids received are for the same total amount or unit price, quality and service being equal, the contract shall be awarded to a local bidder. Where there is no local bidder or when two (2) or more local bidders are equal, the risk manager shall award the contract to one of the tie bidders by drawing lots in public.
(i) The city, whenever applicable, may purchase supplies, equipment, or services without the necessity of using the formal bid requirements as set forth in this section by either:
(1) Purchasing under a State of Nebraska contract or other state contract; or
(2) Purchasing the same supplies, equipment, or services from another vendor at or below the purchase price of a State of Nebraska contract or other state contract; or
(3) Purchasing under a contract or agreement compliant with the Interlocal Cooperation Act where the acquisition cost of the item being purchased has been established through a public procurement process; or
(4) Purchasing under a contract or agreement with a Joint Public Agency where the cost of the item being purchased has been established through a public procurement process; or
(5) Purchasing where the entire cost of the supplies, or services is one hundred percent (100%) funded by a donation to the city for said supplies, equipment, or services, and the following criteria are met:
a) the project utilizing said supplies, equipment, or services has been approved by the city in advance of the donation to the city, and
b) the donor has requested that particular supplies, equipment, or services be acquired by the city with the donated funds, and
c) the city, before accepting the donation, has considered the criteria set forth in subsection (e) of this section and has declared that, having considered the criteria set forth in subsection (e), it is in the best interest of the city; or
(6) Purchasing used equipment with prior authorization of the council.
(Ord. No. 3078, § 10, 7-6-82; Ord. No. 3094, § 1, 10-4-82; Ord. No. 3160, § 2, 9-7-83; Ord. No. 4330, § 3, 33-16-98; Ord. No. 5080, § 4, 7-20-09; Ord. No. 5262, § 2, 8-19-13; Ord. No. 5293, § 1, 6-2-14; Ord. No. 5334, § 1, 2-2-15; Ord. No. 5375, § 1, 12-7-15; Ord. No. 5468, § 1, 4-17-17; Ord. No. 5642, § 1, 11-18-19; Ord. No. 5764, § 1, 1-18-22;)