(a) Contracts over $100,000. Except as otherwise provided in § 8-2-102, contracts estimated to be over $100,000 shall be awarded by competitive sealed bidding.
(b) Invitation for bids. An invitation for bids shall be issued and shall include a purchase description and all contractual terms and conditions applicable to the procurement.
(c) Notice. Adequate public notice of the invitation for bids shall be given at a reasonable time before the date set forth in the notice for the opening of bids in accordance with the Purchasing Regulations. Notice shall include print and online publication in a newspaper of general circulation in the County for a reasonable time prior to bid opening. Additionally, the Purchasing Agent shall solicit sealed bids from among prospective bidders identified with the assistance of the using agency by sending them a copy of a bid notice. The bid notice shall also be posted on the Purchasing Division website and advertised digitally on a website or web-based platform generally accepted in the industry from which the goods or services are sought. The date of advertising shall be the date on which the bid notice is posted on the Purchasing Division website.
(d) Uniform bidding; statement under oath. The Purchasing Agent shall discourage uniform and collusive bidding by every possible means and endeavor to obtain competition on purchases and sales that is as full and open as possible. The Purchasing Agent shall require each bidder to accompany a bid with a statement made under oath that the bidder has not been a party with other bidders to an agreement to bid a fixed or uniform price or to share price bid information.
(e) Bid rendered void; violation of this section. A bid is rendered void if a bidder violates the statement submitted with the bid or discloses or acquires the terms or conditions of the bid submitted by another bidder before the opening of the bids.
(f) Sealed; bonds.
(1) Bids shall be submitted sealed to the Purchasing Agent and identified as bids on the envelope.
(2) When considered necessary by the Purchasing Agent, bid deposits shall be prescribed in the public notice inviting bids in the amounts set forth in § 8-2-116(d).
(3) Unsuccessful bidders are entitled to a return of their bid deposits within 10 days of the opening of bids.
(4) If a successful bidder fails to execute a contract within 10 days after the award, the bid deposit may be retained by the County and considered as liquidated damages, and not as a penalty, for failure of the bidder to execute the contract. On proper execution of a contract by a successful bidder, the bid deposit shall be returned to the successful bidder.
(g) Summary and tabulation. A summary of the information read at the bid opening shall be posted on the County website within 24 hours of the bid opening. A final tabulation of all bids received shall be posted on the County website after the award is made.
(h) Rejection. The Purchasing Agent may reject all bids, parts of all bids, or all bids for any one or more goods or services included in the proposed contract when, in the Purchasing Agent's judgment, the public interest will be served thereby.
(i) Tie bids. If two or more bidders are tied for the lowest bid, the Purchasing Agent shall award the contract to one of the tie bidders by drawing lots in public.
(j) One bid or no responsive bids. In the event that only one or no responsive bids are received and re-issuance of the invitation for bids is not practicable or in the best interest of the County, the Purchasing Agent may award the bid to the single bidder or negotiate a sole source contract in accordance with § 8-2-107.
(k) Bids exceed allocated funds. If responsive bids are received from two or more responsible bidders and all prices received exceed allocated funds, the Purchasing Agent may reduce or otherwise modify the scope of work and may either solicit revised bids from those responsive and responsible firms responding to the original solicitations or the Purchasing Agent may re-advertise for new bids.
(l) Responsive and responsible bidder. The Purchasing Agent shall award all contracts to the responsive and responsible bidder having the lowest bid price or lowest evaluated bid.
(m) Considerations. In determining a bidder's responsibility, the Purchasing Agent may consider all information that may be secured by the Purchasing Agent having a bearing on the decision to award. The Purchasing Agent shall consider:
(1) the ability, capacity, and skill of the bidder to perform the contract or provide the service required;
(2) whether the bidder can perform the contract or provide the service promptly or within the time specified, without delay or interference;
(3) the character, integrity, reputation, judgment, experience, and efficiency of the bidder;
(4) the quality of performance under previous contracts;
(5) the previous and existing compliance by the bidder with laws and ordinances relating to the contract or service; and
(6) whether the bidder is in arrears to the County on debt or a contract, is a defaulter on security to the County, or is delinquent in Federal, State, or County taxes or assessments.
(n) Contract not awarded to lowest bidder. If the contract is not awarded to the lowest bidder in price, the Purchasing Agent shall make a written statement of reasons for the award and maintain a copy of the statement in the contract or bid file.
(o) Specifications. Specifications shall be developed in accordance with the following.
(1) The Purchasing Agent shall obtain expert advice and assistance from personnel of using agencies in the development of specifications and may delegate to the using agency the authority to prepare its own specifications.
(2) Any unresolved disagreements between the Purchasing Agent and the using agency with regard to adequacy of specifications shall be referred to the Central Services Officer for resolution.
(3) All specifications shall seek to promote overall economy for the purposes intended, shall encourage competition in satisfying the County's needs to the maximum extent practicable, and shall not be unduly restrictive. Performance or functional specifications shall be the preferred type.
(4) When the County requires goods that are produced by only one manufacturer, the Purchasing Agent shall specify the manufacturer's make or brand in the invitations to bid and shall obtain competitive bids from authorized dealers or distributors of the manufacturer. If the manufacturer is the sole bidder and the sole source of supply, the Purchasing Agent may negotiate a sole source procurement with the manufacturer at prices and on terms most advantageous to the County.
(5) When the County requires goods that are patented or proprietary and that are obtainable in two or more equally satisfactory and competitive makes, brands, or types, the Purchasing Agent shall list the acceptable and competitive makes, brands, or types in the invitations to bid. The lists shall also include the phrase "or approved equal" or a similar phrase to permit bidders to bid on alternate or additional makes, brands, or types. It is incumbent on each bidder to prove to the satisfaction of the County that the alternate or additional make, brand, or type is equal in quality or performance to those listed in the invitation to bid.
(p) Multi-step bidding.
(1) Multi-step sealed bidding may be conducted in which bidders submit unpriced technical offers or samples or both in the first step of the process and price bids in the second step. Once bidders have been evaluated for responsibility and technical offers or samples or both have been evaluated for responsiveness, price bids shall be solicited only from those bidders who have been deemed responsible and whose technical offers or samples or both have been deemed responsive.
(2) A multi-step sealed bidding method under which both technical proposals and sealed price bids are submitted separately but simultaneously may be used. The sealed price bids may not be opened until the evaluation for responsibility of bidders and responsiveness of technical proposals is complete. Sealed price bids of bidders deemed not responsible or whose technical offers or samples are deemed not responsive shall not be opened and shall be returned sealed to the bidders.
(q) Waiver; cure. In accordance with the Purchasing Regulations, the Purchasing Agent, with the approval of the Central Services Officer, may waive formalities or permit the cure of defects in bids that do not affect the integrity of the bid.
(r) Mistakes in bids. If, after bids are opened, the bidder alleges a mistake in the bid, the bid may be withdrawn or corrected only with the approval of the Purchasing Agent and the Central Services Officer and only if the mistake is clearly evident from the bid, such as a typographical error, an error in extending unit pricing, a transposition error, or an arithmetical error. The Purchasing Agent shall document in writing all grants or denials of bid corrections or withdrawals based on claims of mistake, including the reasons for the grant or denial, and the document shall be maintained as part of the file related to the procurement.
(1985 Code, Art. 10, § 2-104) (Bill No. 59-85; Bill No. 8-03; Bill No. 23-04; Bill No. 14-05; Bill No. 58-08; Bill No. 8-17; Bill No. 80-18
; Bill No. 19-19
; Bill No. 1-21
)