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(a) Electronic bidding. Notwithstanding any provision in this section, the use and <br />submission of electronic bids through the use of electronic bidding software, <br />consistent with the requirements of Florida law, may be utilized by the Chief <br />Purchasing Agent whenever competitive bidding is required by this chapter. <br />(b) All bids submitted, including bids submitted electronically through an online <br />bidding process, are subject to Florida's Public Records Act, as amended. <br />(ac) Sealed paper bids submitted in lieu of electronic bids W44 must be initialed on <br />the outside of the envelope by the person receiving the package, the time and <br />date w+44 must be stamped on the envelope which should be marked <br />"IMPORTANT, BID ENCLOSED." The bid package wimI4 must be held in a secure <br />place until the scheduled time for the bid opening. <br />(4ad) All 9bids shall be opened publicly, in the presence of one or more witnesses, at <br />the time and place designated in the public notice of the invitation for bids. The <br />amount of each bid and such other relevant information as the City Manager <br />deems appropriate, together with the name of each bidder, shall be recorded. <br />(5) Cancellation of invitations for bids or requests for proposals. An invitation for bids, <br />or request for proposals, or other solicitation may be canceled, or any or all bids or <br />proposals may be rejected in whole, or in part, as may be specified in the <br />solicitation, when it is in the best interests of the City. The reasons therefor shall be <br />made part of the contract file. Each solicitation issued by the City shall state that <br />the solicitation may be canceled and that any bid or proposal may be rejected, in <br />whole or in part, in the best interests of the City. Notice of cancellation shall be sent <br />to all businesses solicited. The notice shall identify the solicitation, explain the <br />reason for cancellation and, where appropriate, explain that an opportunity will be <br />given to compete on any resolicitation or any future procurement of similar items. <br />(6) Correction or withdrawal of bids; cancellation of awards. In general, bids shall be <br />unconditionally accepted without alteration or correction, except as authorized in <br />this chapter. However, correction or withdrawal of inadvertently erroneous bids <br />before or after bid opening, or cancellation of awards or contracts based on such <br />bid mistakes, may be permitted, where appropriate. Mistakes discovered before <br />bid opening may be modified, or the bid may be withdrawn by written or <br />telegraphic notice received in the office designated in the invitation for bids prior <br />to time set for bid opening. After bid opening, no changes in bid prices or other <br />provisions of bids prejudicial to the interest of the City, or fair competition, shall be <br />permitted. In lieu of bid correction, a low bidder alleging a material mistake of fact <br />may be permitted to withdraw its bid if: <br />(a) The mistake is clearly evident on the face of the bid document but the intended <br />correct bid is not similarly evident; or <br />(b) The bidder submits evidence which clearly and convincingly demonstrates that <br />a mistake was made. All decisions to permit the correction or withdrawal of <br />bids, orto cancel awards or contracts based on bid mistakes, shall be supported <br />by a written determination made by the purchasing agent. <br />(c) Notwithstanding the foregoing, the City Commission shall have the authority <br />to waive any and all irregularities in any and all proposals. <br />Section 3. Repealer. All ordinances, or parts of ordinances in conflict herewith be, and the <br />same, are hereby repealed to the extent of such conflict. <br />@13CL@E40B6869.docx Page 3 of 5 <br />