Where obtaining sealed bids is required by this chapter, the following procedures shall apply:
(A) Sealed bids shall be requested by the Township Supervisor, or his or her designee, by mailing a copy of the specifications or requirements to such qualified vendors as may be known to him or her, by filing a copy of the request with the Township Clerk, and by publishing a request for sealed bids in a newspaper of general circulation in the township/city at least 5 days before the deadline set for submitting such sealed bids.
(B) Unless fixed by the Township Board, the Township Supervisor or his or her designee may prescribe the amount of any security to be deposited with any bid and, in the case of construction contracts, the amount of labor and materials or performance bond to be required of the successful bidder. Such security shall be in the form of certified or cashier's check or bond written by a surety company authorized to do business in the state.
(C) Bids shall be submitted in a sealed envelope to the Township Clerk, and the outside of the sealed envelope shall indicate the material enclosed to be a bid, and shall describe the bid request to which the sealed bid corresponds.
(D) Bids shall be opened in public at the time and place designated in the notice requesting bids. Bids shall be opened by the Township Supervisor, or his or her designee, and at least 1 other township official or employee. Immediately following the opening, bids shall be examined, tabulated and made available for public inspection.
(E) The tabulation of the bids shall be submitted to the Township Board at the next regular Board meeting following the opening of the bids. The Township Board, at its discretion, may accept the lowest bid, reject any or all bids, or determine the low bid to be unsatisfactory. The Township Board reserves the right to accept a bid other than the lowest bid, if it can be demonstrated that doing so would be in the township’s best interest.
(F) The township shall not knowingly accept the bid of a contractor who is in default on the payment of taxes, licenses or other monies due to the township. Purchases or leases with bidders who are found to have been in default at the time of award of such purchase or lease shall be voidable.
(G) If, at the Township Board's discretion, the award is not made to the lowest bidder, the resolution awarding the contract shall state the reasons for not accepting the low bid.
(H) After the opening of bids, such bids may not be withdrawn without forfeiture of the bid deposit. Deposits of security accompanying bids shall be retained until the contract is awarded and signed, except that deposits from bidders not awarded the contract shall be returned to such bidders within 72 hours following Township Board action. If any successful bidder fails or refuses to enter into the contract awarded to him within 10 days after being notified of such award, or should such bidder fail to file any bond required within the same time, the deposit accompanying in such bidder's bid shall be forfeited to the township, and the Township Board may, at its discretion, award the contract to the next lowest competent bidder.
(Ord. passed 3-18-2002; Am. Ord. 163, passed 2-19-2008)