Sec. 17B-1-6. Formal bidding procedure.

(a) Uses of Formal Bidding Procedure. This formal bidding procedure shall be used whenever formal bidding is required by state and local law and this article.
(b) Required Process. The formal competitive bidding procedure shall comply with all aspects of state and local law governing formal competitive bidding including, but not limited to, the Public Contract Code, Government Code, Labor Code, resolutions of the city council as may be adopted from time to time, and the city’s purchasing policies and guidelines.
(c) Notice Inviting Formal Bids. Notice inviting formal bids shall be provided and shall comply with Public Contract Code Section 22037. At a minimum, the notice inviting formal bids shall:
(1) Describe the project;
(2) State how to obtain more detailed information about the project;
(3) State the date, time, and place for the submission of sealed bids; and
(4) Include any other information required by state or local law, as determined by the city attorney.
(d) Published Notice. Notice inviting formal bids shall be published pursuant to the requirements for publication set forth in Public Contract Code Section 22037.
(e) Distribution of Notice Inviting Formal Bids. Notice inviting formal bids shall also be sent to those construction trade journals specified in Public Contract Code Section 22036 pursuant to the requirements for notices inviting formal bids set forth in Public Contract Code Section 22037.
(f) Additional Notice. The city shall also provide any additional notice as it deems proper.
(g) Contents of Bid and Contract Documents. The contents and form of the bid and contract documents shall be approved by the department head of the using department, as well as the city attorney; provided, however, that the city attorney need not review or approve the contents of the technical specifications, drawings, and other technical documents.
(h) Confidentiality. Only sealed bids shall be accepted by the city. Sealed bids shall not be opened prior to the date of bid opening, as specified by the city in its notice inviting formal bids.
(i) Bidder’s Security. When required by applicable law or determined necessary by the purchasing officer or his or her designee, each bidder shall be required to provide appropriate security to guarantee its bid. Upon refusal or failure to execute the required contract or agreement and provide all required information and documentation, the full amount of the bid security shall be forfeited, except to the extent limited by state or local law.
(j) No Bids Received. If no bids are received, the city council may award, or may designate the city manager to award, the contract by any alternative procedure.
(k) Rejection of Bids. The city may, in its sole and absolute discretion, reject all bids presented and may waive any minor irregularities in each bid received. If after the first invitation of bids all bids are rejected, after reevaluating its cost estimates for the project, the city shall have the option of any of the following:
(1) Abandon the project;
(2) Readvertise for bids in the manner described in this chapter; or
(3) By passage of a resolution by a four-fifths vote of the city council, declare that the project can be performed more economically by the employees of the city and have the project done by force account. (Ord. No. 1474, § 3 (part).)