§ 329.23. Process for awarding construction contracts exceeding one hundred thousand dollars ($100,000.00).  


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  • The procurement of construction service contracts estimated to cost more than one-hundred thousand dollars ($100,000.00) shall be conducted under this section as follows:

    (a)

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

    (b)

    The city agency shall give notice that bids will be received by advertisement in the Columbus City Bulletin at least seven (7) days prior to the deadline for submission of bids, and, if the bid is let using an electronic agent, must be posted through an electronic procurement system or on a website maintained by the city at least seven (7) days 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.

    (c)

    The city shall open bids publicly in the presence of one or more witnesses, one of whom must be another city employee, at the time and place, designated in the invitation for bids. The city shall record the name of each bidder, the amount of each bid and such other relevant information as the finance and management director or designee deems appropriate. The record and each bid shall be open to public inspection. If bids are opened through an electronic agent approved by the finance and management director or designee, the city shall immediately publicly provide through the same electronic agent the required information. If bids are opened through an electronic agent approved by the finance and management director or designee, the requirement of a public opening in the presence of witnesses is not applicable.

    (d)

    The director authorized to make the expenditure shall evaluate each bid and award the contract to the lowest, responsive, responsible, and best bidder, subject to the provisions of Section 329.212.

    (e)

    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.

    (f)

    Each bid submitted under this section shall be evaluated as follows:

    (1)

    The city reserves the right to reject a bid that is deemed non-responsive by the city. The following factors shall be used to determine whether a bid is responsive:

    (a)

    Whether bidder has submitted more than one (1) bid for the same work from an individual or entity under the same or different name, or corporation under the same name, or corporations with one (1) or more of the same persons as officers or directors of such corporations, or corporations which are holding companies, parent companies or holding companies that are subsidiaries of such corporations.

    (b)

    Whether bid prices are materially unbalanced as defined in the relevant sections of the technical specifications manual specified in the invitation for bid, where applicable.

    (c)

    Whether bidder has failed to comply with pre-qualification requirements as defined in the relevant sections of the technical specifications manual specified in the invitation for bid, where applicable.

    (d)

    Whether the bid contains conditions or qualifications not provided in the invitation for bid.

    (e)

    Whether the bidder failed to acknowledge addenda or the bid does not contain complete forms required to be included in the bid and the city determines that the bidder's bid does not respond to the invitation for bid in all material respects or contains irregularities or deviations which affects the amount of the bid or otherwise gives the bidder a competitive advantage.

    (f)

    Whether bidder adds a provision reserving the right to accept or reject an award.

    (g)

    Whether bidder fails to submit a unit price for each contract item listed, when required by the invitation for bid.

    (h)

    Whether bidder fails to submit a lump sum price where required.

    (i)

    Whether the bidder fails to submit the required bid guarantee or submits an irregular bid guarantee for the amount required.

    (j)

    Whether the bid contains other alterations, omissions, or errors such that, in the judgment of the city, the bid does not respond to the invitation for bid in all material respects, or contains irregularities or deviations from the invitation for bid that affect the amount of the bid or otherwise gives the bidder a competitive advantage.

    (k)

    Whether the bidder has complied with the requirements of Section 329.20(h) regarding subcontractors.

    (2)

    The city reserves the right to reject a bid that is deemed non-responsible by the contracting agency. The following project specific factors shall be used to determine whether a bid is responsible:

    (a)

    Whether the bidder has actively engaged in the construction industry and has experience in the area of construction service for which the bid has been submitted.

    (b)

    Whether the bidder has a successful record of complying with and meeting completion deadlines as well as controlling costs on similar construction projects.

    (c)

    Whether the bidder has demonstrated to the city's satisfaction adequate and appropriate resources, including, but not limited to, specialized equipment and human resources for the project.

    (d)

    Whether the bidder has substantial uncompleted work that would hinder the success of the project.

    (e)

    With respect to a bidder whose bid is determined to be ten (10) percent or more below that of the next lowest bidder, supplemental details regarding the bid and/or historical information regarding performance and costs on similar contracts to demonstrate the bidder's ability to complete the contract at the price specified.

    (3)

    No credit against price may be provided in evaluating the lowest bidder.

    (g)

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

    (Ord. No. 3062-2014, § 3, 12-15-2014; Ord. No. 1196-2015, § 6, 7-13-15; Ord. No. 3023-2017 , § 1(Att.), 12-11-2017)

    Article IV. Professional Service Contracts and Not for Profit Service Contracts