US Laws, Codes, Statutes & Cases

 
    §  313.    Competitive sealed bidding. a.  The term competitive sealed
  bidding shall mean a method of procurement where the award of a contract
  is  made  to  the  lowest  responsible  bidder  whose  bid   meets   the
  requirements and criteria set forth in the invitation for bids.
    b. Procedures for competitive sealed bidding.
    1. Bids shall be solicited through an invitation for bids, which shall
  include  a purchase description and a notice of where vendors may obtain
  a copy of  all  contractual  terms  and  conditions  applicable  to  the
  procurement.    A  notice  of  the  intention  to  solicit bids shall be
  publicly advertised in accordance with the provisions of  section  three
  hundred  twenty-five of this chapter.  The terms of such contracts shall
  be  settled  by  the  corporation  counsel  as  an  act  of  preliminary
  specification to an invitation for bids.
    2.  The  agency  letting  the contract may reject all bids if it shall
  deem it for the interest of the city so to do; if not, it shall, without
  other consent or approval, award the contract to the lowest  responsible
  bidder,  unless  the  mayor  shall  determine in writing, justifying the
  reasons therefor, that it is in the best interest of the city that a bid
  other than that of the lowest  responsible  bidder  shall  be  accepted.
  Such  determination shall be published in the City Record.  Tie bids are
  to be decided by the agency letting the contract  and  the  award  made.
  Whenever  a  contract is awarded to other than the lowest bidder because
  the lowest bidder is determined by the agency not to  be  a  responsible
  bidder or because the lowest bid is determined by the agency to not meet
  the  requirements and criteria set forth in the invitation for bids, the
  agency making  such  determination  and  awarding  such  contract  shall
  immediately  notify  the  lowest  bidder of such determination and shall
  file in the agency contract file a statement in detail  of  the  reasons
  therefor.
    3.  Any  bidder  who  is declared not responsible by an agency and any
  bidder whose bid is determined by an agency to not meet the requirements
  and criteria set forth in the invitation for bids may, within five  days
  of receipt of notice of the agency decision, appeal such decision to the
  agency  head.    A  determination  of  an  agency head of an appeal of a
  decision of non-responsibility may be appealed to the  mayor  who  shall
  take  final  action regarding such matter.  A determination of an agency
  head of  an  appeal  of  a  decision  that  a  bid  does  not  meet  the
  requirements  and criteria set forth in the invitation for bids shall be
  final.
    c.  No bid shall be valid unless  accompanied  by  a  deposit  in  the
  amount  and  manner  set  forth and specified in the proposal; provided,
  however,  that  the  procurement  policy  board  shall  establish   such
  requirements  for  bid  deposits  as are necessary and practicable, and,
  pursuant to rules and standards, may waive the bid  deposit  requirement
  for  specific  classes  of  purchase or types of transactions.  Upon the
  award of the contract the deposits  of  unsuccessful  bidders  shall  be
  returned  to  them,  and the deposit of   the successful bidder shall be
  returned upon execution of the contract and furnishing of  the  required
  security.
    d.    Every  invitation for bids shall contain a provision that in the
  event of the failure of the bidder to execute the contract  and  furnish
  the  required  security within ten days after notice of the award of the
  contract, the deposit or so much thereof as shall be applicable  to  the
  amount  of  the award made shall be retained by the city, and the bidder
  shall be liable for and shall agree to  pay  on  demand  the  difference
  between  the  price  bid  and the price for which such contract shall be
  subsequently relet, including the cost of such reletting  and  less  the
  amount  of  such deposit.  No plea of mistake in such accepted bid shall

  be available to the bidder for the recovery  of  the  deposit  or  as  a
  defense to any action based upon such accepted bid.