The instructions described herein shall apply to all purchases of materials, equipment and supplies. These instructions shall prevail unless otherwise modified by the City within the bid document.
Questions regarding the bid process should be addressed to the Procurement Specialist identified on the Invitation to Bid on Public Purchase. Technical questions must be submitted in writing online on the Public Purchase website. The City reserves the right to provide such questions and answers to all prospective bidders.
- The term "City" means the City of Independence, MO.
- The term "Contractor" means the person or organization that receives the award in the bid process.
- The term "Invitation to Bid" means a solicitation of sealed bids. The acronym "ITB" means Invitation to Bid.
- The term "bid document" means the ITB.
- The term "bidder" or "offeror" means the person or organization responding to an ITB with a sealed bid.
- The term "bid" means the price and other requirements submitted by the bidder in response to an ITB.
Preparation of Bids
- Bidders are responsible for conducting site visits (if applicable), attending pre-bid conferences (if applicable) and examining all drawings, specifications, schedules, etc., included in the bid document. Failure to do so will be at the bidder's risk.
- Each bidder shall furnish the information required by the bid document. The bidder shall complete all sections requiring information or a signature. The person signing the offer must initial erasures or other changes. An agent duly authorized to enter the firm into a legally binding, contractual agreement must sign the document.
- Unit price for each unit bid shall be shown and such price shall include packaging for shipment unless otherwise specified. A total shall be entered in the total column for each item bid. In case of discrepancy between a unit price and extended price, the unit price will be presumed to be correct.
- Bidders are to prepare their bids for City projects without including sales tax.
- Alternate bids for supplies or services other than those specified will not be considered, unless authorized by the invitation.
- The City will not consider bids that take exception to the General Terms and Conditions of the ITB.
- Bidder must state a definite time for delivery of supplies or services, unless otherwise specified in the invitation.
- Time, if stated as a number of days, will include Saturdays, Sundays, and holidays.
- If the item has a trade name, brand and/or catalog number, such must be stated in the ITB.
- Freight, if applicable, shall be shown as a separate line item cost and not included in the cost of the goods.
- Prices quoted shall be firm and final.
- In submitting bids, bidder agrees that the City shall have 120 days in which to accept or reject any of the bids submitted, unless otherwise specified on the bid page.
- Bidders shall submit one (1) electronic copy of the bid, via www.publicpurchase.com.
- Bond requirements and liquidated damages, if applicable, will be set forth in the specifications.
Buy American and Domestic Products Policy Statement
It is the policy of the City of Independence, Missouri, to buy materials, products, supplies, provisions, and other articles produced, manufactured, compounded, made or grown within the State of Missouri, when they are found in marketable quantities in the state, and are of a quality suited to the purpose intended and can be secured without additional cost over products of other states; provided however, that quality and fitness of articles shall be considered in purchasing or letting contracts for articles herein mentioned.
It is also the policy of the City of Independence to buy goods or commodities that have been manufactured, assembled, or produced in the United States of America, unless:
- The purchase, lease, or contract involves an expenditure of less than one thousand dollars ($5,000).
- Only one line of a particular good or product is manufactured, assembled, or produced in the United States.
- The specified products are not manufactured, assembled, or produced in the United States in sufficient quantities to meet the City's requirements or cannot be manufactured, assembled, or produced in the United States within the necessary time in sufficient quantities to meet the City's requirements; or
- Obtaining the specified products manufactured, assembled, or produced in the United States would increase the purchase price by more than ten percent (10 percent).
- In order to qualify for the preference, it must be clearly stated on the pricing sheet whether the materials quoted were manufactured, assembled or produced in the United States of America. If multiple items are listed in the bid request, it must be clearly stated on the pricing sheet which items were manufactured, assembled or produced in the United States of America.
Equal Employment Opportunity
During the performance of this agreement/contract or purchase order, the Contractor agrees as follows:
- The Contractor will not discriminate against any employee or applicant for employment because of race, age, color, religion, sex, national origin or any other legally protected category. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated fairly during employment, without regard to their race, age, color, religion, sex, or national origin. Such action shall include, but not to be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this non-discrimination clause.
- The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor; state that all qualified applicants will receive consideration for employment without regard to race, age, color, religion, sex, or national origin.
- The Contractor will send to each labor union or representative of workers with which he or she has a collective bargaining agreement or other contract or understanding a notice to be provided by the Contract Compliance Officer advising the said labor union or workers' representatives of the organization's commitment under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
- The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
- The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his or her books, records, and accounts by the Department and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
- In the event of the Contractor's non-compliance with the non-discrimination clauses of this agreement/contract or purchase order with any of the said rules, regulations, or orders, this agreement/contract or purchase order may be canceled, terminated, or suspended in whole or in part, and the Contractor may be declared ineligible for any further government agreement/contracts or purchase order or federally assisted agreements/contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, or by rules, regulations, or order of the Secretary of Labor, or as otherwise provided by law.
- The Contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the Department may direct as a means of enforcing such provisions, including sanctions of non-compliance; provided, however, that in the event a Contractor becomes involved in, or is threatened with litigation with a subcontractor or vendor as a result of such direction by the Department, the Contractor may request the United States to enter into such litigation to protect the interest of the United States.
Conflict of Interest and Debarment
By submission of its response, the Contractor certifies that:
- No Council member, nor the City Manager, the Director of Finance or the City Procurement Manager is financially interested in what the Bidder is offering to sell to the City pursuant to this invitation, nor is the Bidder a City employee or board member whose bid creates a conflict of interest. A conflict of interest would arise if a City employee or board member were in a position to affect either the decision to solicit bids or the selection of the successful bidder;
- Bidder has not participated in collusion or committed any act in restraint of trade, directly or indirectly, which bears upon anyone's response or lack of response to this Invitation; and
- The authorized signer of the bid document certifies that the Contractor and each of its principals are not suspended or debarred by the City of Independence, State of Missouri or Federal government.
Submission of Bids
- Bids and any modification thereof (addendum) shall be submitted electronically, via www.publicpurchase.com. Construction or public improvement bids are currently accepted in paper form if required in the ITB.
- Telephonic, emailed, or faxed bids will not be considered, unless authorized by the invitation.
- Samples of items, when required, must be submitted within the time specified and unless otherwise specified by the City, at no expense to the City. If not consumed by testing, samples will be returned at bidders request and expense, unless otherwise specified by the invitation.
- Bids will be opened electronically at the date and time indicated on the cover page. After opening, no pricing information will be provided until, in the case of an informal bid (up to $50,000), the five-day protest period has passed, or, in the case of a formal bid (over $50,000), a Notice of Intent to Award has been posted on the City’s website/www.publicpurchase.com. Following either of the above scenarios, the bid tabulation will be posted at www.publicpurchase.com.
Modification or Withdrawal of Bids
Modification or withdrawal of bids will be via www.public purchase.com. Click on “Edit” response and delete the desired item(s) previously entered. Delete any uploaded documents, and click “Save”. This will remove the initial response.
The City reserves the right to officially modify or cancel a bid after issuance. Such modifications will be made only by written addendum. Bidders must sign the addendum and submit the document as part of the bid via www.publicpurchase.com This must be completed prior to the stated time of the bid opening.
It is the responsibility of the bidder to submit the bid on or before the date and time of the bid receipt deadline. Bids will NOT be accepted after the date and time of closing under any circumstances.
Qualifications of Bidders
The City shall exercise due diligence in determining the responsibility of bidders. The bidder shall furnish all information, within the time frame specified, if requested by the City. The City reserves the right to reject any bid if the information is not submitted in a timely manner or the information, or subsequent investigation, fails to satisfy the City that such bidder is properly qualified to carry out the obligations of the contract and to complete the work as specified in the bid document.
The City may consider the following factors in determining a bidder’s responsibility:
- The ability, capacity, and skill of the bidder to perform the contract or provide the required materials, equipment or supplies;
- Whether the bidder can perform the contract or provide the materials, equipment or supplies promptly or within the time specified, without delay or interference;
- The quality of performance in previous contracts;
- The previous and current compliance by the bidder with laws and ordinances related to the contract or service;
- The sufficiency of the bidder’s financial resources to perform the contract or provide the commodities; and
- The ability of the bidder to provide future maintenance and service.
Award will be made to the lowest most responsible bidder who submits the bid most advantageous to the City. The City reserves the right to accept or reject any or all bids or part of bids, make multiple awards, to waive irregularities and technicalities, and to request re-bids on the materials or services described in the bid documents. The City also reserves the right to award the contract on such materials or services as the City deems will best serve its interests. The City reserves the right to award the contract on a partial-order basis, lump-sum or individual-item basis, or such combination as shall best serve the interest of the City unless otherwise specified. Conditional bids are subject to rejection in whole or in part at the sole discretion of the City.
Right of Protest
The Procurement Manager will accept written protests regarding the solicitation of any goods or services with a dollar value of $50,000 or less within five (5) business days of a bid opening. For purchases over $50,000, a Notice of Intent to Award will be posted on the Internet at www.publicpurchase.com. Any bid protest must be filed within five (5) business days of the date of posting of the Notice. Neither the City, nor Public Purchase shall be responsible for directly notifying bidders of the Notice of Intent to Award.
Protests must be received in the office of the Procurement Manager and must contain the following information:
- Company name, address, phone number and signature of the authorized representative;
- Solicitation number;
- Detailed statement describing the grounds for the protest; and
- Supporting evidence or documents to substantiate the claim.
The Director of Finance and Administration will review the information provided and issue a written decision within five (5) business days of receipt of the protest. This decision shall be final.