When the estimated cost of goods and services exceeds twenty thousand dollars ($20,000.00) except as otherwise provided herein, all such goods and services shall be purchased through formal bidding procedures from the lowest responsible bidder.
A. Public Notice Requirements: Public notice inviting bids shall be published once in at least one newspaper of general circulation on the east side and one on the west side in the county and at least five (5) days preceding the last day set for the receipt of bids. The public notice required herein shall include a general description of the bid item, where bid blanks and specifications may be secured, and the time and place assigned for receipt of bids and opening of bids. No bid will be accepted after the time indicated for receipt in the public notice.
B. Soliciting Bids: Bids may be solicited from all appropriate responsible prospective bidders by sending them a copy of the newspaper notice or such other notice as will acquaint them with the proposed purchase.
C. Bid Deposits: When deemed necessary, bid deposits shall be prescribed in the public notice inviting bids. Unsuccessful bidders shall be entitled to a prompt return of surety when such has been required. A successful bidder shall forfeit any surety required upon failure to enter into a contract within ten (10) days after award.
D. Bid Submission, Opening And Reading Procedures:
1. Sealed bids shall be submitted that appropriately identify the commodity or service being bid on the outside of the envelope.
2. If the bid arrives at the place assigned for receipt prior to the due date and time, the responsible department stamps or writes on the bid envelope the accurate date and time of receipt. The responsible department keeps all bids secure from access until the time of opening.
3. If the bid arrives at the place assigned for receipt after the due date and time, the responsible department stamps or writes on the bid envelope the time and date of receipt and retains it in the bid file, unopened, or returns it unopened to the bidder. The bid cannot be accepted, but a record is kept in the bid file of its late receipt and its disposition.
4. In fairness to all bidders, submission times will be strictly adhered to, to the minute.
5. Receipt of a bid by the county mail system does not constitute receipt of a properly received bid. Only sealed bids that arrive at the place assigned for receipt by the due date and time are considered properly received. However, a bid will not be considered late if it can be shown that the county received the bid by the time indicated on the invitation to bids, but internally, the bid was improperly handled and/or delivered.
6. Bids shall be opened in public at the time and place stated in the public notice. Bid openings are public actions and are open to attendance by interested bidders and the public. No activity on the part of bidders at an opening of a bid, other than attendance and note taking, is permitted. Any attempt to qualify or change any bid by any bidder in attendance may result in the rejection of that bidder's bid.
7. The department head who invited the submission of bids, or someone designated by the department head, opens and orally reads the bids immediately after the date and time shown on the request to bid at the place designated.
8. Reading only is required at a public opening, and the bid need not be analyzed or indication given as to successful award. When the length of a bid makes it impractical to read aloud, the public reading may be bypassed and only the names of bidders announced.
9. A tabulation of all bids received shall be posted for public inspection.
10. An abstract is prepared which includes who bid, what was bid, and who was the successful bidder and why.
11. To provide for analysis and abstracting, official sealed bid records may not be available for public inspection before the notice of intent to award is issued or, in the case of requests for bids for commodities, before the contract is awarded. Bids and other information pertinent to the bids are made available to the public after the notice of intent to award has been issued or, in the case of requests for bids for commodities, after the award has been made.
E. Rejection Of Bids: Any one or more or all bids may be rejected where the public interest will be served thereby.
F. Bidders In Default To County: A bid shall not be accepted from a bidder who is in default on the payment of taxes, licenses or other monies to the county.
G. Award Of Contract: Contracts shall be awarded to the low cost/responsible bidder. In determining the "low cost/responsible bidder", in addition to price, the following shall be considered:
1. The ability, capacity and skill of the bidder to provide the supplies, equipment and service required.
2. Whether the bidder can provide the supplies, equipment and 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 of the bidder under previous contracts.
5. The previous and existing compliance by the bidder with laws and ordinances relating to the contract.
6. The sufficiency of the financial resources and ability of the bidder to perform the contract.
7. The quality, availability and adaptability of the goods and services to be provided for the particular use required.
8. The ability of the bidder to provide future maintenance and services if such is required by the contract.
9. The number and scope of conditions attached to a bid.
10. Conformity with specifications, delivery date and terms, discount terms, and warranty conditions.
11. Total cost of item over its useful life.
12. The bid providing the best long term value for the county.
After the bid is awarded the using agency or the county administrator shall issue all purchase orders, notice of awards, and notices to proceed. All contractually required documentation is required prior to any notice to proceed.
H. Award To Other Than Low Bidder: When the award is not given to the lowest bidder, a full and complete statement of the reasons for awarding the bid otherwise shall be prepared and filed with the other papers related to the transaction.
I. Tie Bids:
1. Local Bidders: If two (2) or more bids are received for the same total amount or unit price, quality and service being equal, the contract shall be awarded to a bidder whose place of business is located in the county.
2. Outside Bidders: Where subsection I1 of this section is not in effect, if two (2) or more bids are received for the same total amount or unit price, quality and service being equal, the contract shall be awarded to one of the tie bidders by drawing lots in public.
J. Performance Bond: A performance bond may be required, before entering into a contract, in such amount as shall be deemed reasonably necessary to protect the best interests of the county.
K. Prohibition Against Subdivision: No contract or purchase shall be subdivided to avoid the requirements of this section. (Ord. 2011-4, 5-10-2011)