(a) All competitive bids shall be solicited by the City Manager or designee, who shall give prospective bidders a notice of invitation to bid not less than two weeks before the date of the opening of bids. Invitations to bid shall be solicited by publication in a newspaper circulated to reach prospective bidders. The publication shall contain at least a general description of the item to be purchased or of the work required and shall designate the place where detailed requirements and specifications may be obtained and the time and place where the sealed bids will be opened. The Manager may also solicit bids by sending notice by mail, electronic mail or fax to any known prospective bidder. The invitation to bid may include criteria to determine the acceptability of bids such as inspection, testing, quality, delivery and suitability for a particular purpose.

(b) All competitive bids shall be submitted in sealed envelopes that clearly show, on the outside of the envelope, the bid title and time for opening. All bids shall be in writing. Bids submitted in electronic form will not be accepted, but modifications to bids already submitted to the City and not yet opened may be submitted electronically.

(c) Bids received after the due date and time observed shall not be accepted and shall be returned, unopened, to the bidder.

(d) After bid opening, changes in bid prices or other provisions of bids prejudicial to the interest of the City shall not be permitted.

(e) Bids shall be opened at the time and place designated in the invitation to bid. Bid openings shall be open to the public and a record made of the bidder name and amount bid.

(f) Bids shall not be open for public inspection until after the notice of intent to award is given.

(g) The City shall accept only that bid which it finds to be the most advantageous to the City, regardless of price; but all other factors being equal, the lowest bid shall be accepted.

(h) The City may waive any irregularity in a bid if it determines that the acceptance of the bid is in the public interest.

(i) An invitation to bid, a request for proposal or other solicitation may be postponed or cancelled or the date for opening bids or proposals may be delayed if it is determined by the Manager that it is in the best interest of the City.

(j) The City may reject bids from a bidder who failed to perform on a previous contract or who failed to keep his/her accounts receivable current with the City.

(k) The City shall, with reasonable promptness, give notice to the bidders of intent to award the contract to the lowest responsible and responsive bidder whose bid materially conforms to the requirements set out in the invitation to bid. Notice of intent to award the contract shall be made seven days prior to the award.

(l) If, in response to an invitation for bids, there is no bid received which is responsive to the invitation, or if all of said bids are unsatisfactory to the City, then the purchase may be made on the open market by the City Manager.

(m) The City reserves the right to reject any and all bids or proposals in whole or in part, to waive bid or proposal irregularities and award the bid or proposal in the best interest of the City. [Code 1979 § 06.06.060.]