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Staff proposes clarifying “lowest and best” definition in Moraine Codified Ordinance 159.01 after tied bids
Summary
City staff recommended adding language to Moraine Codified Ordinance 159.01 to define what constitutes the “lowest and best” bid — listing factors such as past performance, warranty, delivery date and adherence to specifications — after two identical bids were received on a paving project.
City staff presented an amendment to Moraine Codified Ordinance (MCO) 159.01 to clarify how the city should determine the “lowest and best” bidder when competitive bids are identical.
The proposed language says that "lowest and best" means the bid that provides the best combination of quality and service to the city, taking into consideration factors such as, but not limited to, past performance, price, warranty, reliability, delivery date, adequacy of equipment, bidder’s experience, financial solvency, adherence to specifications and any other factor determined to be relevant.
Staff said the clarification arose after two contractors submitted identical bids on a paving project; the city needed objective criteria to distinguish between equivalent-priced offers. The amendment was recommended for placement on the next regular council agenda for reading and consideration.
A motion to add the amendment to the next council meeting’s legislation passed by roll call. The committee’s referral will bring the proposed ordinance language back to the full council for formal first reading and subsequent vote.
