§17-102. Rights and Liabilities of Persons Who Solicit or Bid for City Contracts. [6]
(1) If any prospective bidder makes a false or deceptive
statement in any such certified statement or makes any material omission
therein, he shall be liable to the City in the amount of the certified check
filed as security for his bid, as liquidated damages.
(2) Unless an
advertisement or other written invitation to bid competitively for a City
contract expressly provides for a different period, any person may withdraw any
bid filed and any security therefor and may refuse to enter into any contract
with the City if his bid has not been accepted within 60 days of the opening for
bids.
[7] (3) Any bidder, not lawfully
released from his bid, who refuses to execute a contract in accordance with his
bid which the Procurement Department has accepted, or refuses to furnish
required bonds, shall be liable to the City in the amount of the certified check
filed as security for his bid, as liquidated damages; or shall be comparably
liable on any annual bid bond which the Procurement Department has accepted
pursuant to Section 8-200(2)(a) of the Charter; or where the damages are readily
ascertainable, such bidder shall be liable for the actual loss or damage
sustained by the City by the failure of such bidder to perform the
contract.
[8] (4) The cost to successful
bidders for the preparation of the contract documents shall be in accordance
with such schedule of fees as the Law Department may establish to cover the
costs of such preparation.
[9] (5) (a) As
to each bid which is advertised by the Procurement Department and publicly
opened, each person submitting a bid shall pay a processing fee, as
follows:
(i) During the City's Fiscal Year 1993, the following
fee depending on the amount of the bid: