(1) Invitation for Bids. An Invitation for Bids shall be issued in an efficient and economical manner to at least 3 qualified sources on the bidders’ lists appropriate for the particular procurement, and shall include specifications and all contractual terms and conditions applicable to the procurement. If 3 qualified sources are not available, invitations for bids shall be issued to such qualified sources as are available.
(2) Bidders’ Lists.
(a) All sources requesting to be put on a bidders’ list shall be so enlisted, unless the Procurement Director makes a written determination that the source should not be enlisted in accordance with regulations.
(b) The Procurement Director shall ensure that the bidders’ lists contain all identified sources interested in bidding on County procurement. The Procurement Director shall periodically review the bidders’ lists and shall require the addition or deletion to such lists of sources contained therein, as deemed necessary.
(3) Public Notice. Adequate public notice of the Invitation for Bids shall be given for a reasonable time, not less than 7 calendar days prior to the date set forth therein for the opening of bids. Such notice may include publication in a newspaper of general circulation a reasonable time prior to bid opening. The public notice shall state the place, date, and time of bid opening.
(4) Receipt and Safeguarding of Bids. All bids (including modifications) received prior to the time of opening shall be kept secure and unopened in a locked cabinet or safe.
(5) Bid Opening. Bids shall be opened publicly in the presence of 1 or more witnesses at the time and place designated in the Invitation for Bids. The amount of each bid, and such other relevant information as the procurement officer deems appropriate, together with the name of each bidder shall be recorded. The record (tabulation) and each bid shall be open to public inspection after award of bid in accordance with § 7-199 (Public Access to Procurement Information).
(6) Bid Acceptance and Bid Evaluation. Bids shall be unconditionally accepted without alteration or correction, except as authorized by this article. Bids shall be evaluated based on the requirements set forth in the Invitation for Bids, which may include criteria to determine acceptability such as inspection, testing, quality, workmanship, delivery, and suitability for a particular purpose. The Invitation for Bids shall set forth the evaluation criteria to be used. No criteria may be used in bid evaluation that are not set forth in the Invitation for Bids.
(7) Discussion with Bidders. As provided in the invitation for bids, discussions may be conducted with apparent responsive bidders for the purpose of clarification if in the procuring agency’s sole judgement such clarification is necessary. Clarification of any bidder’s bid must be documented in writing by the procurement officer and shall be included with the bid file. Documentation concerning the clarification shall be subject to disclosure upon request as required by § 7-199.
(8) Correction or Withdrawal of Bids; Cancellation of Awards. Correction or withdrawal of inadvertently erroneous bids before or after bid opening, or cancellation of awards or contracts based on such mistakes, may be permitted subject to the following: appropriate mistakes discovered by the bidder before bid opening may be modified or withdrawn by submitting written notice to the Purchasing Department prior to the time set for bid opening. After bid opening, no changes in bid prices or other provisions of bids prejudicial to the interest of the County or fair competition shall be permitted. Except as otherwise provided by regulation, all decisions to permit the correction or withdrawal of bids, or to cancel awards, or contracts, after award but prior to performance shall be supported by a written determination made by the Procurement Director.
(9) Tie Bids. If 2 or more bidders are tied in price, while otherwise meeting all of the required terms and conditions of the bid, awards may be determined as follows:
(a) If there is an in county firm (active business or warehousing facility located within Greenville County) tied with an out of county firm, the award will go to the in county firm.
(b) If there is an in state firm (active business or warehousing facility located within South Carolina) tied with an out of state firm, the award will go to the in state firm.
(c) Tie bids involving in County and in State firms may be resolved by accepting the bid that was first received (reference time and date stamp) in the Purchasing Department.
(d) Tie bids involving in County and in State firms may be resolved by the flip of a coin in the office of the Procurement Director witnessed by all interested parties.
(10) Award. The contract shall be awarded with reasonable promptness by appropriate written notice to the lowest responsible and responsive bidder whose bid meets the requirements and criteria set forth in the Invitation for Bids. The Procurement Director shall approve the award of contracts up to $70,000 after receiving an acceptable recommendation of award from the appropriate procurement officer or using department. The Deputy County Administrator shall approve the award of contracts over $70,000 after receiving an acceptable recommendation of award from the appropriate procurement officer or using department.
(11) Multi-step Sealed Bidding. When it is considered impractical to prepare initially a purchase description to support an award based on price, an Invitation for Bids may be issued requesting the submission of unpriced offers to be followed by an Invitation for Bids limited to those bidders whose offers have been determined to be technically acceptable under the criteria set forth in the first solicitation.
(12) Minor Informalities and Irregularities in Bids. A minor informality or irregularity is one which is merely a form or is some immaterial variation from the exact requirements of the Invitation for Bids having no effect or merely a trivial or negligible effect on total bid price, quality, quantity, or delivery of the supplies or performance of the contract, and the correction or waiver of which would not affect the relative standing of, or be otherwise prejudicial to, bidders. The Procurement Director shall either give the bidder the opportunity to cure any deficiency resulting from a minor informality or irregularity in a bid or waive any such deficiency when it is to the advantage of the County. Such communication or determination shall be in writing. Examples of minor informalities or irregularities may include, but are not limited to:
(a) Failure of a bidder to return the number of copies of signed bids required by the solicitation;
(b) Failure of a bidder to furnish the required information concerning the number of the bidder’s employees or failure to make a representation concerning its size;
(c) Failure of a bidder to acknowledge receipt of an amendment to a solicitation, when required, but only if the amendment has no effect or merely a trivial or negligible effect on price, quality, quantity, delivery, or relative standing of bidders;
(d) Failure of a bidder to furnish product literature;
(e) Failure of a bidder to furnish financial statements;
(f) Failure of a bidder to indicate a bid number on its submission envelope.
(g) Failure of a bidder to indicate his contractor’s license number.
(Ord. 3704, passed 6-17-2003; Ord. 4056, § 3, passed 10-17-2006; Ord. 5051, passed 1-22-2019)