Fort Walton Beach Ordinance — 1838 - Amend Code - Repeal local merchant preference — reading text

7. 1.10. Technical assistance during bid protests, as set forth in this policy. 3. 9. 7. 2. Recognize the " Cone of Silence", as defined by this policy, during the period from issuance of the bid until the award is announced and approved by City Council. 3. 9. 7. 2. 1. Violation of the Cone of Silence by vendors may be grounds for disqualification of the offending vendor' s bid or proposal. 3. 9. 7. 2.2. Violation of the Cone of Silence initiated by City Personnel may be grounds for disciplinary action, up to and including termination. 3. 9. 7. 3. Attend pre- bid meetings, conduct site inspections as needed, attend bid openings and proposal closings, and participate on proposal presentations and evaluation committees. 3. 9. 7.4. Complete the staff report for recommendation of award to City Council. 3. 9. 7. 5. Oversee project management. 3. 9. 7. 6. Issue change orders as needed. 3. 9. 7. 7. Coordinate approval of periodic invoices for payment. 3. 9. 8. Public Notice - Notice of the competitive solicitation must be posted for one ( 1) day in the legal section of a newspaper of general circulation in the City at least ten (10) days prior to the bid opening date. 3. 9. 8. 1. The public notice must contain the following: 3. 9. 8. 1.1. Bid/Proposal number 3. 9. 8. 1.2. Title of the project  3. 9. 8. 1. 3. Bid issue date 3. 9. 8. 1.4. Bid opening date 3. 9. 8. 1.5. Time and location of bid opening 3. 9. 8. 1.6. Location and address of where sealed bids should be submitted 3. 9. 8. 1. 7. How sealed bids should be submitted 3. 9. 8. 1.8. Price ( if applicable) and method of obtaining Drawings and Technical Specifications and Bid Documents 3. 9. 8. 1. 9. Contact person and contact information 3. 9. 8. 2. If a construction project is projected to cost more than 200,000, it shall be advertised at least once in the legal section of a newspaper of general circulation in the City at least 21 days prior to the established bid opening date and at least five ( 5) days prior to the scheduled pre- bid conference ( if applicable). 3. 9. 8. 3. If a construction project is projected to cost more than 500, 000, it shall be advertised at least once in the legal section of a newspaper of general circulation in the City at least 30 days prior to the established bid opening date and at least five ( 5) days prior to the scheduled pre- bid conference ( if applicable). 3. 9. 8.4. If the location, date, or time of the bid opening changes, written notice of the change must be posted on the Florida Online Bid System ( floridabidsvstem. com) www. as soon as practicable after the change is made. 3. 9. 8. 5. When pre- bid/pre- proposal meetings are held, the public notice must state whether the meeting is " Mandatory," or Non- Mandatory" and must state the time ( including CST), date, and place ( street address and room number) of the meeting. The wording, " Site visits will follow if necessary" must be included. 3. 9. 9. Bids shall be solicited from all responsible, prospective suppliers who are registered with the Florida Online Bid System www. floridabidsvstem. com). 3. 9. 9. 1. Bid solicitation may be made using electronic or written methods, at the sole descretion of the City. 3. 9. 10. Bids must be submitted as stated in the competitive solicitation in regards to time, place, and method. 3. 9. 10. 1. Submissions shall not be accepted or opened if received after the date and time stated in the competitive solicitation. 3. 9. 10. 2. The Purchasing Division may, with the concurrence of the City Manager, accept a late submission which has been postmarked or placed in transit for delivery by a recognized third party parcel post service prior to the advertised time.  3. 9. 11. The City Manager shall recommend to the City Council one of the following actions: 3. 9. 11. 1. Award of a particular bid/proposal. 3. 9. 11. 2 . Award of parts of a particular bid/proposal. 3. 9. 11.3. Reject all bids/ proposals. 3. 9. 11.3. 1. The City Manager shall not recommend award of a bid/proposal to a bidder who is known to be in default on the payment of taxes, licenses, or any other monies due to the City. 3. 9. 12. The City reserves the right to waive informalities in any bid. 3. 9. 13. The City reserves the right to make award( s) by individual item, group of items, or any combination thereof. 3. 9. 14. The City reserves the right to reject any and all bids or waive any minor irregularity or technicality on bids received that, in the City' s judgement, would be in its best interest. 3. 10. Public Records and Competitive Solicitation 3. 10. 1. ITB' s, RFP' s and RFQ' s are subject to the public records law and will be made available as such ten ( 10) days after opening the bid/proposal received or upon award of the solicitation, whichever occurs first. 3. 11. Exceptions to Competitive Solicitation Requirements 3. 11. 1. Emergency Purchases, as previously defined in this Policy. 3. 11.1.1. If such purchase exceeds $ 20, 000, a full report of the circumstances of the emergency purchase shall be placed on the next regular City Council meeting agenda for ratification. 3. 11. 2. Contracts for professional services involving a particular skill, ability, experience or expertise, which are in their nature unique. 3. 11.3. Non- Competitive purchases ( Sole Source) supplies or services, available only from one source, such as unique, patented, or franchised supplies, as defined by this Policy. 3. 11.4. No qualified bids received after public advertisement of a bid/ proposal. 3. 11.5. Unique circumstances in which the City Council finds that competitive bidding is not in the best interest of the City. 3. 11.6. Circumstances in which the City Council finds that using formal written contracts or competitive solicitations of other governmental entities is in the best interest of the City. 3. 11.7. Situations of cooperative procurements, as defined by this Policy, whereby procurement may be made, subject to the purchasing authorities outlined in this Policy. 3. 11. 8. Supplies, materials, equipment and services included as a State Contract as set forth in F. S. 287, as amended from time to time, or with the United States Government. 3. 11. 9. Contracts in which the City elects to piggyback, as defined by this Policy.  3. 11. 10. Local utility services for City owned and operated facilities. 3. 11. 11. Other waivers as approved by City Council. 3. 11. 12. Other documented and justified circumstances approved by the City Manager or the City Council. 3. 12. Vendor Protest 3. 12. 1. Bidders or respondants who do not agree with the City Council's recommendation for award are afforded the opportunity to protest the recommendation by submitting written notice to the Purchasing Division within three ( 3) business days after notice of award or after the date the petitioner could reasonably be expected to have known of the City' s recommendation. Failure to file a protest within three 3) business days shall constitute a waiver of proceedings under this policy. 3. 12. 2. The written notice must state the grounds for the protest and the action requested. 3. 12. 3. The Purchasing Division will conduct a review of the protest and submit a written response to the City Manager recommending either denial or approval of the petition. 3. 12.4. The City Manager shall review and either approve or disapprove the Purchasing Division' s recommendation on the petition, employing any reasonable means to reach the decision. The protesting party will be provided written notice of the final decision. 3. 12. 5. Decisions made by the City Manager may be appealed to the City Council by submission to the City Clerk