Except as otherwise provided by this Chapter, the procedures promulgated in Indiana Code 5-22, as may be amended from time to time by law, shall be followed for all purchases of supplies and/or contractual services by the City.

(a) Purchasing Agency

For the purposes of I.C. 5-22, the “Purchasing Agency” for the City of Richmond shall be the Board of Public Works and Safety except that the “Purchasing Agency” for the Richmond Sanitary District shall be the Board of Sanitary Commissioners.

(b) Purchasing Agent

For purposes of I.C. 5-22, the “Purchasing Agent” for the City of Richmond (including the Richmond Sanitary District) shall be the City Controller, the Director of Purchasing, or any other employee of the City of Richmond that may be so designated by the City Controller.

(c) Bidders list

All responsible prospective suppliers who have requested their names to be added to a “Bidders List” shall be sent a copy of such newspaper notice or such other notice as will acquaint them with the proposed purchase or sale. In any case invitations sent to the vendors on the “Bidders List” shall be limited to commodities that are similar in character and ordinarily handled by the trade group to which the invitations are sent.

(d) Bid deposits

When deemed necessary, bid deposits shall be prescribed in the public notices inviting bids. Unsuccessful bidders shall be entitled to return of surety. A successful bidder shall forfeit any surety upon failure on his part to enter a contract within 10 days after the award.

(e) Bid opening procedure

Bids shall be submitted sealed to whomever is designated to receive such bids on behalf of the City and shall be identified as bids on the envelope. Bids shall be opened in public at the time and place stated in the notice. A tabulation of all bids received shall be available for public inspection.

(f) Rejection of bids

All bids, parts of all bids, or bids for any one or more supplies or contractual services included in the proposed contract may be rejected when the public interest will be served thereby.

(g) Bidders in default to the City or Wayne County

The bid of any contractor who is in default on the payment of taxes, licenses or other monies due the City or Wayne County, Indiana, shall not be accepted.

(h) Awarding of contract

In conjunction with the formal contract procedures set forth by state law, contracts shall be awarded to the lowest responsible bidder. In determining “lowest responsible bidder”, in addition to price, the following shall be considered:

(1) The ability, capability and skill of the bidder to perform the contract and provide the service required

(2) Whether the bidder can perform the contract or provide the service within the time specified and without delay or interference

(3) The character, integrity, reputation, judgment, experience and efficiency of the bidder

(4) The quality of performance of previous contracts or services to the City

(5) The previous and existing compliance by the bidder with laws and ordinances relating to the contract or services, including all applicable federal regulations

(6) The sufficiency of the financial resources available to bidder in performing the contract or providing the service

(7) The quality, availability and adaptability of the supplies or contractual services to the particular use required

(8) The ability of the bidder to provide future maintenance and service for the use of the subject of the contract

(9) The number and scope of conditions attached to the bid

(i) Award to other than low bidder

When the award is not given to the lowest bidder, a full and complete statement of the reasons for placing the order elsewhere shall be prepared and filed with the other papers relating to the transaction.

(j) Tie bids

If all bids received are for the same total amount or unit price, quality and services being equal, all bids shall be rejected and the same shall be re-bid. If the rejection of such bids would seriously delay or impede the operations of the City or using department, the award may be made to one of the bidders by drawing lots in public.

(k) Performance bonds

A performance bond, before entering a contract, in such amount as reasonably necessary to protect the best interests of the City, may be required.

(l) Prohibition against subdivision

No contract or purchase shall be subdivided to avoid the requirements of this Section.

(m) Alteration/correction of bids

When the bidder discovers a mistake before the scheduled bid opening, the bidder shall be permitted to withdraw the bid or to correct the error without revealing the amount of the bid. This shall be accomplished by submitting a notice of withdrawal before the scheduled bid opening time and/or by submitting a corrected sealed bid.

When a mistake is discovered after the bid opening, the following shall be done:

(1) If discovered by the Purchasing Agent, bid verification in writing shall be requested.
(2) The Purchasing Agent may correct a clerical mistake after verification is made by the bidder.
(3) A bid may be withdrawn without prejudice upon submission of evidence that a non-intentional error occurred.
(4) Corrections of mistakes other than clerical errors shall not be permitted unless evidence of the mistake and of the bid is clear and convincing on the face of the bid and the bid as received and as actually intended and corrected is the lowest bid received. The Purchasing Agent shall determine whether clear and convincing evidence of a mistake exists, and shall document its findings in writing to be submitted to the Purchasing Agency with any recommendations. Where clear and convincing evidence is not present, the bidder shall not be permitted to withdraw without prejudice or to correct the mistake. Any bond or bid deposit shall be forfeited if the bidder fails to enter into a contract.