§ 34.36 PURCHASES IN EXCESS OF $25,000; USE OF FORMAL BIDDING PROCEDURES.
   (A)   Generally. All purchases of apparatus supplies, materials, equipment, or contractual services, when the estimated cost thereof shall exceed $25,000, shall be made according to prescribed procedures from the lowest responsive, responsible bidder after due notice inviting bids. See exceptions under § 34.16.
   (B)   Notice inviting bids. The Purchasing Director shall invite bids through the following methods:
      (1)   Advertisement in a form prescribed by the County Administrator or his or her designee in a newspaper of general circulation in the county, giving a brief description of the things to be purchased, the time and place where bids will be opened, and a location or telephone number where bid forms and complete specifications may be secured;
      (2)   Written invitations to bid, mailed to all appropriate vendors included in the bidders list (numbering at least 3). The notice inviting bids shall set forth in detail all requirements and conditions which will be considered in awarding the contract; and/or
      (3)   Delivery to interested bidders who specifically request an invitation to bid from the Purchasing Director. The Purchasing Director is authorized to deliver the information to prospective bidders by any of the following methods: in person, by mail, by facsimile (fax), or via the internet.
   (C)   Submission of bids. All bids shall be on an official bid form or attached to a bid form provided by the purchasing department and shall be sealed, marked Sealed Bid, and mailed or otherwise delivered to the Purchasing Director by the time specified in the invitation to bid. Late bids shall not be considered unless the delay was caused by improper handling by county employees. All bids shall be accompanied by a statement of noncollusion from the bidder, in substantially the following form: Bidder certifies under penalty of law that bidder has not colluded with any other person in the submission of this bid to the County of Newberry.
   (D)   Bid surety. Bid surety shall be required as specified in §§ 34.65 et seq. entitled Performance Bonds. For purchases covered under this section, a bid bond or certified check or cash is required as bid surety in the amount of 5%. Each invitation to bid, which shall be publicized, shall state this requirement. The bid bond is returned to unsuccessful bidders shortly after bids are opened and the successful bidder determined. The bid bond of the successful bidder is returned to that bidder when the bidder timely enters into the contract with the county and when any required performance and payment bonds are submitted to and accepted by the county.
   (E)   Opening of bids. All bids shall be opened publicly and tabulated. The tabulation shall be available for public inspection during normal business hours for at least 30 days after the opening of bids.
   (F)   Procedure in case of identical low bids. Before opening of bids, the Purchasing Director shall review with bidders the method of awarding contracts if the lowest responsible bids are identical in material detail. The method shall be to award the bid giving first priority to a bidder with a place of business in Newberry County, and if such is not determinative, then based on the factors set forth in § 34.49(B). If a decision cannot be made on this basis, the County Administrator may direct the Purchasing Director to re-advertise for bids in such situations, or, if practicable, to split the contract between the bidders submitting identical low bids.
   (G)   Forfeiture of bid surety. If the successful bidder does not enter into a contract within 10 days after mailing of notice of award of contract, then as liquidated damages, he or she shall forfeit his or her bid bond or other surety which accompanied his or her bid, unless the county is responsible for the delay. He or she shall also be held liable for any cost in excess of his or her bid surety which the county incurs in awarding the bid to the next lowest bidder or in otherwise purchasing the goods or services elsewhere. All invitations to bid and bid forms will include this language. In such an event, the bid may then be awarded to the next lowest, responsible bidder.
   (H)   Protested solicitations and awards.
      (1)   Right to protest. With regard to any goods or services valued at over $15,000 procured through the sealed bid method only, any actual or prospective bidder, offerer, contractor, or subcontractor who is aggrieved in connection with the solicitation or award of a contract may protest to the Purchasing Director. The protest, setting forth the grievance, shall be submitted in writing within 10 days after the aggrieved persons know or should have known of the facts giving rise thereto.
      (2)   Authority to resolve protests. The Purchasing Director shall have authority, with the advice and consent of the County Administrator or designee, to attempt to settle and resolve a protest of an aggrieved bidder, offerer, contractor, or subcontractor, actual or prospective, concerning the solicitation or award of a contract without cost to the county. This authority shall be utilized in a manner consistent with regulations or laws governing the procurement of supplies, services, and construction for the county.
      (3)   Decision. If the protest is not resolved by mutual agreement, the Purchasing Director shall promptly issue a decision in writing within 5 working days. The decision shall state the reasons for the action taken.
      (4)   Notice of decision. A copy of this decision under division (H)(3) above shall be mailed or otherwise furnished immediately to the protestant and any other party intervening.
      (5)   Finality of decision. A decision under division (H)(3) above shall be final and conclusive, or unless any person adversely affected by the decision requests a review, in writing, setting forth the grievance to the County Administrator, or unless the County Administrator decides to review the decision for his or her own reasons. If not resolved by the County Administrator within 10 working days, the protestant may, within 15 working days from date of the adverse decision is issued, request a review by the County Council. County Council, as soon thereafter as practicable, may review the file and make its decision based solely on the review or it may review the matter de novo, and hold a hearing to review the file and/or to receive the testimony of witnesses, in its sole discretion. The burden of proof in the review by County Council is on the protestant. Council shall determine the particular procedures it wishes to follow in making the review. The decision of the Council on all matters shall be final.
      (6)   Request for review. The request for a review shall not stay the purchase or contract unless the County Administrator or the County Council determines that there is good cause for the stay, or that the stay is advisable based on legal considerations.
(Ord. 01-02-04, passed 1-7-2004; Am. Ord. 10-42-06, passed 11-15-2006)