Sec. 18-158. Negotiation with lowest responsible bidder.
Unless cancelled or rejected, a responsive bid from the lowest responsible bidder shall be accepted as submitted, except that if the bid from the lowest responsible bidder exceeds available funds, the city may negotiate with the apparent low bidder to obtain a contract price within available funds.
(a) Procedures for negotiations. If the city wishes to negotiate with the apparent low bidder to obtain a contract price within available funds, negotiations shall be conducted in accordance with the following procedures:
(1) The using agency shall provide the director of public works, in the case of construction projects, and the budget and procurement administrator, in all other matters, with a written determination that the apparent low bid exceeds available funds. Said determination shall be confirmed in writing by the director of finance or his designee. The using agency shall also provide the appropriate administrator/director with a suggested reduction in scope for the proposed purchase.
(2) The appropriate administrator/director shall advise the lowest responsible bidder, in writing, that the proposed purchase exceeds available funds. He shall further suggest a reduction in scope for the proposed purchase, and invite the lowest responsible bidder to amend its bid proposal based upon the proposed reduction in scope.
(3) Repetitive informal discussions with the lowest responsible bidder for purposes of obtaining a contract within available funds shall be permissible.
(4) The lowest responsible bidder shall submit an addendum to its bid, which addendum shall include the change in scope for the proposed purchase, the reduction in price and the new contract value.
(5) If the proposed addendum is acceptable to the city, the city may award a contract within funds available to the lowest responsible bidder based upon the amended bid proposal.
(6) If the city and the lowest responsible bidder cannot negotiate a contract within available funds, all bids shall be rejected. (Ord. No. O-82-262, § 1, 12-14-82; Ord. No. O-85-002, § 1, 1-8-85; Ord. No. O-91-224, 9-10-91, eff. 10-1-91)
Last updated date: 10/23/2006 4:15:21 PM