§ 329.06. Competitive sealed bidding  


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  • (a) The establishment of universal term contracts and/or the procurement of all materials, supplies and equipment shall be conducted under this section as follows:

    (1) The director of finance and management or designee shall prepare an invitation for bids (hereinafter "IFB") containing the specifications and all contractual terms and conditions applicable to the procurement.

    (2) The director of finance and management or designee shall give notice that bids will be received by advertisement in the Columbus City Bulletin at least one (1) week prior to the deadline for submission of bids. The director of finance and management or designee may also advertise in newspapers, professional and trade journals, and any other appropriate publications. The notice shall state the place, date and time of bid opening.

    (3) Each bid shall contain the full name of every person or company interested in the same, and such other relevant information as the director of finance and management or designee deems appropriate.

    (4) The bids shall be opened and publicly read by the director of finance management or designee at the place, date and time specified in the advertisement, which in no case shall be less than seven (7) days after initial advertisement. The bids shall be opened in the presence of the city auditor or a representative of the city auditor.

    (5) After consulting with the city agency, the director of finance and management or designee shall award the contract to the lowest responsive and responsible and best bidder. Life cycle costs may be considered in determining the lowest bid if they are objectively measurable and specified in the IFB.

    (6) The director of finance and management or designee shall provide city council with a written explanation of the circumstances whenever a contract is awarded to any bidder other than the lowest, or to any bidder not recommended by the city agency.

    (7) In determining the lowest responsive and responsible and best bidder, consideration shall be given to bidder's compliance with federal, state or local laws or regulations such as fair labor standards, minimum wage levels; affirmative action programs; or minority business enterprise, female business enterprise or equal business opportunity programs which the city is required by law to enforce in connection with funds to be spent under the procurement contract; and the bidder's compliance with any minority business enterprise, female business enterprise or equal business opportunity programs or good faith efforts to comply with such programs adopted by the city.

    (8) In determining the lowest bid for purposes of awarding a contract under this section, a local bidder shall receive a credit equal to one (1) percent of the lowest bid submitted by a non local bidder or twenty thousand dollars ($20,000.00), whichever is less.

    (9) All contractors submitting a bid to or entering into a contract with the city shall submit a contract compliance certification number or a completed application for certification pursuant to provisions set forth in Title 39, Columbus City Codes, 1959.

    (10) No contract awarded under this section shall be effective until approved by ordinance of city council.

    (b) The procurement of all service contracts except construction, custodial, landscaping, guard and security services, cleaning and recycling services, and professional services shall be conducted under this section as follows:

    (1) The city agency shall prepare an invitation for bids (hereinafter "IFB") containing the specifications and all contractual terms and conditions applicable to the procurement.

    (2) The city agency shall give notice that bids will be received by advertisement in the Columbus City Bulletin at least one (1) week prior to the deadline for submission of bids. The city agency may also advertise in newspapers, professional and trade journals, and any other appropriate publications. The notice shall state the place, date and time of bid opening.

    (3) Each bid shall contain the full name of every person or company interested in the same, and such other relevant information as the city agency deems appropriate.

    (4) The bids shall be opened and publicly read at the place, date and time specified in the advertisement, which in no case shall be less than seven (7) days after initial advertisement. The bids shall be opened in the presence of the city auditor or a representative of the city auditor.

    (5) The director authorized to make the expenditure shall award the contract to the lowest responsive and responsible and best bidder. Life cycle costs may be considered in determining the lowest bid if they are objectively measurable and specified in the IFB.

    (6) The director shall provide city council with a written explanation of the circumstances whenever a contract is awarded to any bidder other than the lowest.

    (7) In determining the lowest responsive and responsible and best bidder, consideration shall be given to bidder's compliance with federal, state or local laws or regulations such as fair labor standards, minimum wage levels; affirmative action programs; or minority business enterprise, female business enterprise or equal business opportunity programs which the city of Columbus is required by law to enforce in connection with funds to be spent under the procurement contract; and the bidder's compliance with any minority business enterprise, female business enterprise or equal business opportunity programs or good faith efforts to comply with such programs adopted by the city.

    (8) In determining the lowest bid for purposes of awarding a contract under this section, a local bidder shall receive a credit equal to one (1) percent of the lowest bid submitted by a non local bidder or twenty thousand dollars ($20,000.00), whichever is less.

    (9) All contractors entering into a contract with the city shall submit a contract compliance certification number or a completed application for certification pursuant to provisions set forth in Title 39, Columbus City Codes, 1959.

    (10) No contract awarded under this section shall be effective until approved by ordinance of city council.

    (c) The procurement of all custodial, landscaping, guard and security service, cleaning and recycling service contracts shall be conducted under this section as follows:

    (1) The city agency shall prepare an invitation for bids (hereinafter "IFB") containing the specifications and all contractual terms and conditions applicable to the procurement.

    (2) The city agency shall give notice that bids will be received by advertisement in the Columbus City Bulletin at least one week prior to the deadline for submission of bids. The city agency may also advertise in newspapers, professional and trade journals, and any other appropriate publications. The notice shall state the place, date and time of bid opening.

    (3) Each bid shall contain the full name of every person or company interested in the same, and such other relevant information as the city agency deems appropriate.

    (4) The bids shall be opened and publicly read at the place, date and time specified in the advertisement, which in no case shall be less than seven (7) days after initial advertisement. The bids shall be opened in the presence of the city auditor or a representative of the city auditor.

    (5) The director authorized to make the expenditure shall award the contract to the lowest responsive and responsible and best bidder. Life cycle costs may be considered in determining the lowest bid if they are objectively measurable and specified in the IFB.

    (6) The director shall provide city council with a written explanation of the circumstances whenever a contract is awarded to any bidder other than the lowest.

    (7) In determining the lowest responsive and responsible and best bidder, consideration shall be given to:

    (a) The bidder's compliance with city taxes on payroll and net profits. Compliance shall be evidenced in an affidavit of no outstanding city income tax obligation.

    (b) The bidder's compliance with federal, state or local laws or regulations regarding safety and health, fair labor standards, minimum wage levels; unemployment and worker's compensation.

    (c) The bidder's compliance with any affirmative action programs or minority business enterprise, female business enterprise or equal business opportunity programs which the city is required by law to enforce in connection with funds to be spent under the procurement contract; and the bidder's compliance with any minority business enterprise, female business enterprise or equal business opportunity programs or good faith efforts to comply with such programs adopted by the city.

    (8) In determining the best bidder for the purposes of awarding a contract for this section, consideration shall also be given to the following:

    (a) Whether the bidder draws its employees mainly from Columbus, Franklin County or counties contiguous to Franklin County.

    (b) That the bidder shall pay a responsible wage and provides its employees a health insurance benefit as defined in Section 329.04 to the employees proposed to directly perform the work specified in the city bid solicitation.

    (c) For the purpose of this subsection (8) only, exemption from these considerations is provided for bidders that employ twenty five (25) or fewer full-time people. For the purpose of this subsection (8) only, exemption from these considerations is provided for bidders where the city solicits the bids for these services in accordance with Section 329.07 (d) procurement of materials supplies, equipment, and services other than construction and professional services not exceeding twenty thousand dollars ($20,000.00).

    (9) In determining the lowest bid for purposes of awarding a contract under this section, a local bidder, as defined in Section 329.04(k), shall receive credit equal to one (1) percent of the lowest bid submitted by a non-local bidder or twenty thousand dollars ($20,000.00), whichever is less.

    (10) The finance and management director or designee, in consultation with the directors of city agencies authorized to enter into contracts services, administer contract review and compliance, or perform any other function referred to in this section, shall prescribe the manner and form of submittals for the purpose of evaluating the considerations herein. The submittal requirements and considerations herein shall apply equally to the bidder and any subcontractor of the bidder. The bid specifications shall contain the prescribed form. The finance and management director or designee shall annually provide to city agencies the value of the responsible wage.

    (11) The city agency shall maintain in the contract file a record of this evaluation for the purposes of determining the lowest responsive, responsible and best bidder awarded the contract.

    (12) All contractors entering into a contract with the city shall submit a contract compliance certification number or a completed application for certification pursuant to provisions set forth in Title 39, Columbus City Codes, 1959.

    (13) No contract awarded under this section shall be effective until approved by ordinance of city council.

(Ord. 23-96; Ord. 1576-00 § 1 (part); Ord. 81-02 § 1 (part); Ord. 1908-03 § 1 (part): Ord. 223-06 § 1 (part).)

refnote

See the editor's note at Ch. 329.