Bidding Process

All bids received in conformity with the Invitation to Bid shall be endorsed with the contract or advertisement name or number, along with the name and address of the bidder. All bids, immediately after being read, shall be tabulated and summarized and shall become public record in the office of the Commissioner of Purchases and Supplies.  

No bid will be accepted from, nor a contract awarded to, any person, firm, or corporation that is in arrears or  in default to the City of Cleveland upon any debt or contract, is a defaulter as surety or otherwise upon any obligation to the City, or has failed to perform faithfully on any previous contract with the City.

The City, through the Board of Control, shall have the right to reject any or all bids or parts of such bids, and reserves the right to waive any informalities in the bid. 

In addition to the bid price and discount, the City reserves the right to consider all elements entering into the question of determining the responsibility of the bidder. Any bid that is incomplete, conditional, obscure, contains additions not called for, or irregularities of any kind, may be cause for rejection of the bid. 

Bidders must present evidence to the Commissioner of Purchases and Supplies, when required , to show that they are fully competent and have the necessary source of supply, facilities, and pecuniary resources to fulfill the conditions of the contract and its specifications

No bid may be withdrawn after it has been deposited with the Commissioner of Purchases and Supplies.

The Board of Control of the City of Cleveland shall make an award or reject all bids not later than the second (2nd) regular meeting of said Board following the opening of bids, unless further time is required to analyze bids, investigate responsibility of any bidder, or in the absence of a time limitation for acceptance set forth in the bid.

Any extension of time beyond the date fixed by the successful bidder or the fourth (4th) regular meeting of the Board of Control, whichever event shall occur first, shall be subject to agreement between said bidder and the Board. 

No contract shall be awarded without the approval of the Board of Control, and then only to the lowest and best bidder.

Contracts for the purchase of articles, supplies, commodities, materials, equipment, or services shall be secured by a bond in the form and content prescribed by and acceptable to the Director of Law, with good and sufficient sureties and in an amount equal to at least twenty-five percent (25%) of the contract price on materials supplied, and at least fifty percent (50%) of the contract price on services supplied. A check is not acceptable in place of a performance bond. A performance bond is not required for purchase contracts awarded in the amount of $50,000 or less.

The contractor's performance bond will not be released until all of the provisions of the contract have been fulfilled.

The City shall have the right to cancel a contract upon five (5) days of written notice if, in the opinion of the Commissioner of Purchases and Supplies, the delivery of materials, supplies, or equipment, or the performance of work or services, is not in accordance with contract specifications, and the contractor fails to cure such deficiencies or comply with the contract specifications within ten (10) days of receipt of notice of default from the City, except where the fulfillment of its obligation requires activity over a period of time and the contractor has, within ten (10) days of the default notice, commenced such activity. Additionally, the City shall have the right to cancel this contract, without cause, upon fifteen (15) days of written notice upon the determination of the Board of Control expressed through a resolution indicating the decision to do so.

The contractor shall not subcontract, sublet, assign, transfer, convey, or otherwise dispose of the contract, its duties, rights, title, or interest  in any part thereof, or assign, by power of attorney or otherwise, any of the monies due or to become due under the contract, except with the prior written authorization of the  Board of Control, expressed through its resolution, and then only upon such terms and conditions as may be agreed to by said Board. No such subcontracting, subletting, assignment, transfer, conveyance, or other disposal of the contract shall be valid until filed in the office of the Commissioner of Accounts. 

If the contractor is delayed in complying with the terms of the contract by strikes, lockouts, fire, unusual delay by common carriers, unavoidable casualties, or any cause beyond the contractor's control, including orders, limitations, restrictions of any Governmental agency having jurisdiction over the subject matter of the contract, delay authorized by the City, or for any cause by which the Director shall decide to justify the delay. For all such delays and suspensions, the contractor shall be allowed a one (1) calendar day extension beyond the time fixed for compliance within the terms of the contract for each and every calendar day  such delay  causes in the completion of the work, to be ascertained by the Director.

The contractor shall be required to pay all royalties and license fees and shall hold and save the City and its officers, agents, servants, and employees harmless from liability of any nature or kind, including cost and expenses, for or on account of any patented or unpatented invention, process, article, or appliance manufactured or used in the performance of the Contract, including its use by the City of Cleveland, unless specifically stipulated in the contract documents. In this respect, the contractor shall defend all suits or claims for infringement of any patent or license rights.

Bidders shall agree to make immediate delivery of materials, supplies, or equipment or perform services on the written order of the Commissioner of Purchases and Supplies. No delivery shall be accepted unless such written order has first been issued.

The City  reserves the right to test all materials, equipment, or supplies delivered during the life of the contract at an independent laboratory to be designated by the Commissioner of Purchases and Supplies of the City of Cleveland. Where the result of such testing shows the materials, equipment, or supplies are not equal to contract specifications, the expense of such testing shall be paid by the contractor. 

The delivery of any material, supplies, or equipment, or the performance of any work or services under the contract that do not conform to contract specifications will be rejected.  The contractor will be notified immediately in writing of such rejection, including the reason for rejection . If the time for performance has not expired and the contractor wishes to remedy the deficient materials, supplies, equipment, or performance, the contractor  may notify the Commissioner of Purchases and Supplies of the intention to cure and may, within ten (10) days, make a conforming delivery of performance unless such time is extended in writing by the Commissioner. If said contractor fails to replace such nonconforming materials, supplies, or equipment, or otherwise cure such deficient performance of work or services, the City of Cleveland will purchase such materials, supplies, or equipment, or obtain the performance of such work or services of the character required on the open market or, in case of work and services, through performance by City employees. In such an event, the contractor and his surety shall be liable to the City for any excess costs and expenses thereby incurred.

Any equipment to be furnished by the terms of this bid, shall be provided with safety controls, guards, and housing that meets the requirements and safety standards of the Industrial Commission and the Department of Industrial Relations of Ohio. Costs shall be included as part of the bid. 

The City of Cleveland is exempt from all sales, excise, and transportation taxes, except the State of Ohio gasoline tax. The price or prices bid shall be exclusive of all such taxes. The contract price is subject to increase by the amount of any additional tax imposed by the Federal Government or the State of Ohio, subsequent to the receipt of bids. Such claim for increased prices must be presented to the City within thirty (30) days after such tax becomes effective and supported by evidence satisfactory to the Director of Law. The contract price is subject to reduction by that amount by which an applicable tax is reduced during the period of the contract. 

The contractor shall be and remain an independent contractor with respect to all services performed under said contract. The contractor agrees to and accepts full and exclusive liability for the payment of any and all contributions or taxes for social security, unemployment insurance, old age, retirement benefits, pensions, or annuities, now or hereafter imposed under any state or federal law, which are measured by the terms of this contract. The Contractor further agrees to comply with all applicable federal, state, and local laws, rules, regulations, ordinances, and requirements, which are or may hereafter be issued or promulgated by any duly authorized local, state, or federal entity. The contractor also agrees to indemnify and hold harmless the City of Cleveland from any such contributions,  taxes, or liability therefore.

The freight prices made in the bid are to be in accordance with lawful freight or cartage charges in existence at the time the bid is made. Contract prices shall be increased or decreased by changes in the freight or cartage rates provided that claims for additional freight or cartage be presented to the City of Cleveland within thirty (30) days after said increase in freight or cartage rates becomes effective. Reductions in freight or cartage prices will be deducted from the contract price.

After due and proper delivery, the City shall pay the contractor for the net number of units accepted or the total amount of work or services performed during the preceding contract period at the per unit bid price for  materials, supplies,  equipment,  work, or services, less discount  for prompt payment. Invoices shall itemize the materials, supplies, or equipment delivered and accepted. Each item of work or service performed must be identified by dates of performance and shall list the bid price per unit and extension thereof.

The contractor shall, during the term of this contract, subscribe to and comply with the Workers’ Compensation Laws of the State of Ohio and pay such premiums as may be required thereunder. The contractor shall hold harmless the City  from any and all liability arising from said act. The contractor shall also furnish, at the time of delivery of this contract and such other times as may be requested, a copy of the official certificate or receipt showing the payments herein.

This contract is a contract and the contractor is a contractor within the meaning of Chapter 187 of the Codified Ordinances of Cleveland, Ohio, 1976. During the term, the contractor shall comply with all terms, conditions, and requirements imposed on a "contractor" in the Equal Opportunity Clause, Section 187.11 of the Codified Ordinances of Cleveland, Ohio 1976, attached hereto and made a part hereof. A copy of such clause shall be made a part of every subcontract or agreement entered into for goods or services and shall be binding on all persons, firms, and corporations with whom the contractor may deal. 

The proposed contract shall be effective upon its execution and approval by the Director of Law of the City of Cleveland and, for the purpose of accepting delivery, shall continue in full force and effect for a period of one (1) year, unless otherwise indicated.  

The contractor agrees that if the price to the general trade is reduced while the contract is in effect, the City of Cleveland will receive the benefit of such reduction immediately. However, if the contract price is below the price to the general trade at the time the contract is awarded, the reduction provision will be effective only when the recognized price to the general trade reaches a level lower than the contract price, or when the contractor reduces pricing to a level lower than the contract price.

All bids shall be typed or written legibly in ink. Bidders are cautioned to verify their bids before submission. No bid may be changed after it has been deposited with the Commissioner of Purchases and Supplies.

Unit prices must be shown for every item unless otherwise noted. Failure to furnish unit prices may result in rejection of the bid. This applies to lot and item awards. In case of an error in the extension of prices in the bid, the unit price will govern.

In determining the lowest bid, the City will consider cash discounts quoted by the bidders unless payment is required in less than 30 days.

No delivery shall become due or be accepted unless an order is first issued in writing by the Commissioner of Purchases and Supplies.

No purchase order or monies due thereunder may be assigned to another without the written consent of the Commissioner of Purchases and Supplies. Assignments without such written consent shall be null and void.

All orders shall be subject to failure or delay caused by strikes, public commotion, Acts of God, or other causes beyond the control of the vendor, including orders, limitations, or restrictions of any governmental agency of the United States having jurisdiction over the subject matter contained in said order.

The mention of the name of any manufacturer or trade name is only for the purpose of designating a standard of quality and type and for no other purpose.

Bidders shall be prepared to submit or display samples of the items they propose to furnish immediately upon request of the Commissioner of Purchases and Supplies.

Unless the quotation indicates otherwise, the City is exempt from the payment of any sales or excised taxes. The price bid, whether a net price or a trade discount from catalog list prices, shall be exclusive of taxes and will be so construed.

All bids must be submitted on the forms provided and signed in ink in the proper spaces. Bids signed with pencil or a typewriter will be rejected. Bids shall be submitted in a sealed envelope filled with the bidder's name and address, opening date, requisition number, and the name of the buyer. No responsibility will be attached to the Commissioner of Purchases and Supplies or to his representative for the premature opening of a bid not properly marked. Bids shall be filed on or before the date and time specified for the receipt of bids. No bids will be received thereafter.

Failure of a bidder to execute a purchase order  or to comply with any of the terms and conditions therein may disqualify the bidder from receiving future orders. No bid will be accepted from, or order awarded to any person, firm, or corporation that is in arrears or is in default to the City of Cleveland upon any debt or contract, or that is a defaulter as surety, or otherwise upon any obligation to the City, or has failed to perform faithfully any previous contract with the City.

The successful bidder shall indemnify and hold harmless the City of Cleveland against all claims or suits for royalties, patents, or other claims involving the manufacture or use of the material to be furnished.

The vendor guarantees that the material, supplies, or equipment furnished under the terms of the proposal are first class as to material and workmanship and suitable for the purpose for which they are purchased.

• No oral statements of any person shall in any manner or degree modify or otherwise affect the terms of these quotations, specifications, contracts, or purchase orders.
• All Bidders who are awarded orders or contracts agree to be bound by the terms and conditions set forth herein.
• Bidders must comply with all conditions and specifications.
• Bidders must specify the time and terms for delivery and discount for the payment of invoices.
• The bid sheet must be properly signed by an individual authorized by the vendor in ink by the bidder. 
• The bidder must not detach any papers that are made a part of any submitted materials.
• The Commissioner of Purchasing and Supplies reserves the right to reject any and all bids.
• Bidders are required to use the proposal form and envelope furnished by the department when submitting their proposal. Envelopes must be sealed when submitted, with information requested on fare of envelope furnished in detail.

The Senior Clerk maintains lists of potential bidders for items and services normally purchased by the City of Cleveland. These vendors have expressed interest in being contacted when the City needs to make a purchase. The advantage of being on the City’s Plan Holders List is to increase the potential of a vendor being notified of the City’s needs. In order to be placed on the list, vendors must call 216.664.2620. 

Note: Simply being on the Plan Holders List does not guarantee that an Invitation to Bid will be sent. For larger vendor lists, the number of potential bidders may sometimes prohibit the mailing of bid documents to every vendor. To remain informed of the City’s current bids, vendors should:

• Check the list of current Current ITB’s: Invitations to Bid over $50,000, which is also posted inside City Hall at 601 Lakeside Ave,Room 128
• Keep in contact with the Buyer who handles  related commodities or services

Whenever used City property can, in the opinion of the Commissioner, be exchanged for partial payment toward the purchase of a new and similar article, the Commissioner will advertise for bids.

When a City agency requisitions seldom-needed articles, commodities, supplies, materials, or equipment not normally stocked by the City that costs $1,000 or less, the Commissioner of Purchases and Supplies is authorized to procure these items by non-competitive purchase for the best price obtainable.

All City of Cleveland purchases between $1,000 and $50,000 will be based on a minimum of three (3) bidders. Invitations to Bid are available to view at City Hall in the DPS office at 601 Lakeside Ave Room 128. Extra copies of the invitations are filed  beneath the responsible buyer’s name. These bids will be open to inspection for at least 48 hours prior to the time fixed for the taking of bids. Due to the nature of the sealed bid policy, no faxes are acceptable prior to the bid opening date. Completed and sealed bids are to be returned and time stamped before 3:00 pm on their due date.

Vendors can view current solicitations for purchases under $50,000 online here. Vendors can register with the City by sending a completed Pre-registration worksheet and W-9 form to the Division of Purchases and Supplies at 601 Lakeside Ave, Room 128, Cleveland, Ohio 44114 or Purchasing@Clevelandohio.gov . 

Invitations to Bid over $50,000 can be found on the City’s website or posted in the Division of Purchases and Supplies, room 128 in City Hall. Bids must be submitted in a sealed envelope that contains the file number and the name of the project clearly displayed on the front. Bids must be time stamped and turned in before 12:00 pm on the respective bid due date.

Bids will be opened on Wednesday, Thursday, and Friday at 12:00 pm. Bids are read aloud and are subject to an extensive review process through the Division of Purchases and Supplies. Following the review process of all eligible bids, a contract will be awarded to the lowest and best bidder.

The Federal Tax Law of 1982 requires the City of Cleveland to have either the Social Security Number or Federal I.D. number of any individual/company awarded a purchase order or contract on file.