§ 2-306. Formal competitive procurement procedure.

(a)

Public notice. Public notice of the invitation to bid or the request for proposals shall be given not less than ten (10) calendar days prior to the date set forth in the notice for the opening of bids or proposals. Such notice shall be given by publication in a newspaper of general circulation in the city of Coral Springs. The notice shall state the place, date and time of the bid or proposal opening.

(b)

Bid and proposal submission. Bids and proposals shall be submitted in a sealed envelope which shall be clearly identified as a bid or proposal on the exterior of the envelope and delivered to the office of the purchasing administrator.

(c)

Bid or proposal security. Bid or proposal security shall be required for all construction projects when the total contract price is estimated by the purchasing administrator to exceed one hundred thousand dollars ($100,000.00). In all other cases, the city reserves the right to require bid or proposal security when deemed necessary by the purchasing administrator. Bid or proposal security shall be by cash, certified or cashier's check, by a bid bond or an irrevocable letter of credit made payable to the City of Coral Springs and provided by a surety company authorized to do business as a surety in the State of Florida in an amount not less than five (5) per cent of the amount of the bid or proposal. The bid or proposal security of unsuccessful bidders or offerors will be returned within a reasonable time after the bid or proposal opening. The bid or proposal security of the successful bidder or offerors will be retained until such bidder or offeror has executed the contract and furnished the required certificate(s) of insurance and payment and performance bonds. If the successful bidder or offeror fails to furnish the required certificate(s) of insurance and payment and performance bonds or fails to execute and deliver the contract to the office of the purchasing administrator within the time specified in the instructions to bidders or offerors the city may annul the notice of award and the entire sum of the bid or proposal security shall be forfeited.

(d)

Bid opening.

(1)

Bids shall be opened publicly by the purchasing administrator or his designee and shall be witnessed by any person duly authorized by the city manager at the time and place designated in the public notice of the invitation to bids.

(2)

Bids shall be read aloud and a tabulation of all bids received shall be made available for public inspection after the opening of the bid.

(3)

No late bids shall be accepted or opened if received after the date and time specified in the public bid notice. All late bids shall be returned, unopened to the bidder or offeror.

(e)

Proposal opening. When the request for proposals procedure is utilized, the proposals shall be opened at the time and place designated in the public notice of the request for proposals. A register of proposals shall be prepared and maintained by the purchasing administrator containing the name of each offeror.

(f)

Modification and withdrawal of bids. Bids may be modified or withdrawn by an appropriate document duly executed and delivered to the office of the purchasing administrator at any time prior to the deadline for submitting bids. A request for withdrawal and modification must be in writing and signed by a person duly authorized to do so, and in a case where signed by deputy or subordinate, the principal's proper written authority to such deputy or subordinate must accompany the request for withdrawal or modification. After expiration of the period for receipt of bids, no bid may be withdrawn or modified. If within twenty-four (24) hours after bids are opened, any bidder files a duly signed written notice with the city, through the office of the purchasing administrator and within five (5) calendar days thereafter demonstrates to the satisfaction of the city, by clear and convincing evidence, that there was a material and substantial mistake in the preparation of the bid or that the mistake is clearly evident on the face of the bid document but the intended correct bid is not similarly evident, then the bidder may withdraw its bid. Thereafter, the bidder will be disqualified from further bidding on the subject contract.

(g)

Modification to solicitation documents. Any modification of the invitation to bid or the request for proposals made prior to the opening of the responses to those solicitation documents shall be by addenda provided in writing to the same businesses to which the original solicitation documents were mailed or otherwise provided.

(h)

Bid documents become property of the city. All bids and accompanying documentation received from bidders in response to the invitation to bid shall become the property of the city and will not be returned to the bidders. In the event of contract award, all documentation produced as part of the contract shall become the exclusive property of the city.

(i)

Rejection of bids or proposals. The city may reject any bid or proposal for any of the following reasons:

(1)

If the evidence submitted by the bidder or offeror or if the investigation of such bidder or offeror fails to satisfy the city that such bidder or offeror is properly qualified to carry out the obligations and to complete the work contemplated therein.

(2)

If there is reason to believe collusion exists among bidders or offerors.

(3)

If the bid or proposal is not responsive, not properly delivered, not properly signed or is unsigned, shows serious omissions, alterations in form, additions not called for, conditions or unauthorized alterations, or irregularities of any kind. The city reserves the right to waive such technical errors as may be deemed in the best interest of the city.

(Ord. No. 91-180, § 10, 1-21-92; Ord. No. 94-130, § 7, 6-7-94; Ord. No. 2013-102, § 6, 3-6-13)