Procurement Policies and Procedures

3.0 Procurement Methods when Competitive Bidding and Public

Advertising are Required

3.07 Electronic Bidding

According to TCA 12-4-116, bidding documents for competitive sealed bids, competitive sealed proposals, contracts for professional services, and RFPs for construction management services may be distributed to and received electronically from vendors as deemed appropriate by the Purchasing Assistant, but electronic distribution and responses shall not be required.

3.08 Electronic Signatures

Electronic signatures on records and contracts are allowed in accordance with TCA 47-10-107.

3.09 Minor Informalities and Irregularities in Submitted Sealed Bids and Proposals

Minor informalities and irregularities in submitted competitive sealed bids, sealed proposals, contracts for professional services, and RFP responses for construction management services that are merely a matter of form and not of substance and pertain to some immaterial defect from an exact bid or proposal requirement can be corrected or waived without being prejudicial to other bidders. Examples include if the bidder fails to submit the required number of copies of the bid, proposal, or qualifications stated in the bid document, bidder fails to sign the bid form when the bid is accompanied by other evidence that indicates the bidder’s intention of proceeding with the bid or proposal such as submittal of bonds, or when the bidder fails to acknowledge an amendment. If the Purchasing Assistant determines that the submitted bid or proposal contains these types of minor informalities and irregularities, the Purchasing Assistant shall give the bidder an opportunity to cure any deficiency or waive the deficiency. However, in no event shall the bidder be allowed to change the bid amounts or submit a bid bond if one was required in the bid document.

3.10 Mistakes in Submitted Sealed Bids and Proposals

Upon submission of a written request to the Purchasing Assistant and prior to the bid opening, a bidder may withdraw his submitted competitive sealed bid, competitive sealed proposal, contracts for professional services, and RFP responses for construction management services, modify it, and resubmit it before the bid deadline if he believes mistakes in his bid or proposal were made. Any corrections must be performed in a transparent manner that does not confer any unfair advantage upon the bidder and in a way that does not prejudice the public’s interest. However, in no event shall the bidder be allowed to change the bid amounts after bids have been opened. In case of errors in the mathematics of the bid price, unit prices shall prevail.

3.11 Failure of Awarded Bidder to Execute Contract

If an awarded bidder fails to execute a contract or submit all required insurances and documents within 10 business days after receiving a Notice to Award from the city, the Purchasing Assistant shall have the authority and option to proceed with the second most responsive and responsible bidder without rebidding or having to go back to the City Council. If the second awarded bidder cannot or will not fulfill the conditions of the award, the product or service will be rebid.

3.12 Failure to Receive Any Competitive Sealed Bids or Proposals

In the event the city fails to receive any sealed bids or proposals from a competitive solicitation, the Purchasing Assistant is authorized to either rebid the product or service or enter into negotiations with a qualified vendor to obtain the needed product or service. The resulting contract or agreement with the selected vendor shall be reviewed by the City Attorney and then considered for approval by the City Council in a public meeting. 7