169.031 COMPETITIVE BID DEFECTS.

   (a)   The following competitive bid defects, where required by the contract documents or the laws of this City, are fatal and shall automatically result in the invalidation of any bid containing such defect:

      (1)    Failure to include with a competitive bid either a bid bond, or in lieu of a bid bond, a certified check as security for the City should the bidder be awarded the contract and fail to enter into it.

      (2)    Failure to include with a competitive bid either a bid bond, or in lieu of a bid bond, a certified check in an amount equal to or exceeding the amount required by the contract documents as and for a bid bond.

   (b)    The following competitive bid defect is waivable and does not automatically result in the invalidation of any competitive bid containing such a defect:

      (1)    Failure to sign a bid proposal provided that the balance of the documents submitted and signed by the bidder contains a definite and responsive legal offer to perform the work or services advertised for a specific price.

   (c)    Where a bid defect, in one or all of the competitive bids received, is not addressed in subsections (a) or (b) hereof, such defect may be waived when, in the judgment of the Director of Law who shall utilize generally accepted principles of Ohio public competitive bidding law, the defect does not affect or undermine the competitive nature of the bid, the competitive bidding process itself, the public's right to and interest in competitive bids, or appear to be the result of fraud, undue influence or corruption. When the defect is not one capable of waiver, the bid(s) containing the defect shall be rejected as not being responsive to the invitation to bid.

(Ord. 2013-9-79. Passed 9-25-13.)