(a) Adoption of Policy. There is hereby adopted in and for the Village a policy requiring each competitively bid contract the Village awards to be awarded to the lowest responsive and responsible bidder.
(b) Responsive Bidders. A bidder on a contract shall be considered responsive if the proposal responds to bid specifications in all material respects and contains no irregularities or deviations from the specifications which would affect the amount of the bid or otherwise give the bidder a competitive advantage.
(c) Responsible Bidders. The factors that the Village shall consider in determining whether a bidder on a contract is responsible shall include the following:
(1) The bidder's experience;
(2) The bidder's financial condition;
(3) The bidder's conduct and performance on previous contracts;
(4) The bidder's facilities;
(5) The bidder's management skills; and
(6) The bidder's ability to execute the contract properly.
(d) Procedures; Bonds.
(1) All bids shall be opened and shall be publicly read at the time, date and place specified in the advertisement to bidders or in the specifications.
(2) Any and all bids may be rejected.
(3) A bid bond or guaranty shall be provided as follows:
A. For construction contracts, the requirements shall be as set forth in Ohio R.C. 153.54.
B. For all other competitively bid contracts, the requirements shall be as set forth in Ohio R.C. 731.15.
(e) Nonconforming Bids or No Bids Received. If nonconforming bids or no bids were filed, the Auditor of State's Office requires that competitive bidding procedures be followed only once. The Auditor of State's Office does not mandate incurring additional expense to advertise for bids a second time if the results of the bidding process the first time were unsuccessful.
(f) Contracts Having Specific Bidding Requirements. The following types of contracts shall have specific bidding requirements:
(1) Contracts for the repair or construction of public buildings, bridges or improvements (Ohio R.C. 153.50).
(2) Lease or lease purchase agreements (Ohio R.C. 715.011).
(3) Real estate authorizations and advertisements for bids (Ohio R.C. 721.03); and
(4) Conveyances of land by legislative authorities (Ohio R.C. 723.121).
(g) Contracts Exempt From Competitive Bidding Requirements. The following types of contracts shall be exempt from competitive bidding requirements:
(1) Contracts pertaining to self-insurance programs for health care benefits (Ohio R.C. 9.833).
(2) Contracts for long-term care insurance for employees and officials (Ohio R.C. 124.841).
(3) Contracts through the State Department of Administrative Services (Ohio Cooperative Purchase Program) (Ohio R.C. 125.04).
(4) Purchases of gas (Ohio R.C. 715.07).
(5) Leases or conveyances of hospital property by the Village to the County (Ohio R.C. 721.27).
(6) Urban renewal contracts (Ohio R.C. 721.28).
(7) Condemnation proceedings (Ohio R.C. 723.46).
(8) Acquisitions of real and personal property to promote economic and industrial development (Ohio R.C. 761.02).
(9) Procurement lists; contractual agreements; nonprofit agencies for persons with severe disabilities (Ohio R.C. 4115.34).
(10) Contracts for utility services (Ohio R.C. 9.30).
(11) Purchases of used equipment (Ohio R.C. 735.052).
(12) Purchases from other political subdivisions (Ohio R.C. 735.053).
(h) Emergencies. In the event of an emergency, Council may, by a two-thirds vote of all of its members, enter into contracts for purchases of supplies or materials without formal bidding and advertising, pursuant to Ohio R.C. 735.051.
(Ord. 912. Passed 4-6-99.)