(a) The Board of Control shall consider all recommendations, examine bids to determine compliance with County ordinances, and shall award any competitively bid contract to the lowest responsive and responsible bidder. A bidder shall be considered responsive if his 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 him a competitive advantage. The factors that the Board shall consider in determining whether a bidder on the contract is responsible include the experience of the bidder, financial condition, conduct and performance on previous contracts, facilities, management skills, and ability to execute the contract properly. Additionally, for construction contracts governed by Section 177.14, the additional criteria identified in that Section shall also be used to determine whether a bidder on a contract is responsible. The Board may waive nonmaterial irregularities, omissions or variations in any bid. The Purchasing Director may not request the Board of Control to award a contract to other than the low bidder unless the Purchasing Director notifies the low bidder of the intent to do so in writing and by certified mail at least ten (10) days prior to the meeting of the Board at which such request is made. Such notification shall include a description of the procedures and time requirements for filing a protest. If such low bidder files a timely written protest with Council, Council shall conduct a hearing at which the low bidder may present evidence of its responsiveness and responsibility. To be timely, a protest must be filed with Clerk of County Council within five (5) days of receipt by the low bidder of the above required notification. Furthermore, any bidder who affirmatively acknowledges that its bid contains terms, conditions or provisions that materially deviate from the bid specifications at the time its bid is submitted shall not have the right to protest the award.
(b) Bids shall be acted on no later than sixty (60) days after bid opening. The Board shall retain the right to reject all bids submitted. Failure to award a contract within sixty (60) days after bid opening shall constitute rejection of all bids unless an extension is granted by the lowest responsive and responsible bidder with the approval of the County Executive. If the Board rejects all bids submitted, the basis for doing so shall be entered in the minutes of the Board.
(c) No award shall be made upon any bid package for a project which exceeds, by more than ten percent (10%), the estimate certified for the project unless County Council specifically approves such an award.
(d) Contracts awarded by the Board shall be submitted to the County Fiscal Officer for certification where required.
(e) Contracts executed by the bidder and certified by the County Fiscal Officer (if required) shall be submitted to the Executive for execution. Upon execution, the contract shall be filed in the offices of the Executive. The Executive is authorized to administer the performance of the contract, approve payment upon acceptance, and authorize a proper warrant or warrants.
(f) County Council by a two-thirds majority vote of its members may debar a vendor from consideration for contract awards upon a finding based upon a reasonable belief that the vendor has done any of the following:
(1) Abused the solicitation process by repeatedly withdrawing bids before purchase orders or contracts are issued or failing to accept orders based upon firm bids;
(2) Failed to substantially perform a contract according to its terms, conditions and specifications within specified time limits;
(3) Failed to cooperate in monitoring contract performance by refusing to provide information or documents required in a contract, failed to respond and correct matters related to complaints to the vendor or accumulated, repeated or justified complaints regarding performance of a contract;
(4) Attempted to influence a public employee to breach ethical conduct standards, or any applicable federal, state or local statute or regulation;
(5) Colluded with other bidders to restrain competition by any means;
(6) Been convicted of a criminal offense related to the application for or performance of any public or private contract, including, but not limited to, embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property and any other offense that directly reflects on the vendor’s business integrity;
(7) Been convicted under state or federal anti-trust laws;
(8) Deliberately or willfully submitted false or misleading information in connection with the application for or performance of a public contract;
(9) Deliberately or willfully submitted false or misleading information to any authorized County Official in connection with any inquiry done under law;
(10) Been debarred by another county, state or by any agency or department of the federal government;
(11) Violated any other responsible business practice or performed in any unsatisfactory manner as determined by Council.
When County Council by a two-thirds majority vote determines that grounds for debarment exist, the Clerk of Council shall send the vendor a written notice of proposed debarment. If the vendor is a partnership, association, limited liability company or corporation, Council may also debar from consideration for contract awards any partner of the partnership or the members, officers and directors of the association, limited liability company or corporation being debarred. When Council reasonably believes that grounds for debarment exist, the Clerk shall send the individual involved a notice of proposed debarment. The notice of proposed debarment shall indicate the grounds for the debarment of the vendor or individual and the procedure for requesting a hearing. The notice and hearing shall be in accordance with Chapter 119 of the Ohio Revised Code. If the vendor or individual does not respond with a request for a hearing in the manner specified in Chapter 119 of the Ohio Revised Code, the Clerk shall issue the debarment decision without a hearing and shall notify the vendor or individual of the decision by certified mail, return receipt requested. The debarment period may be for any length of time determined by Council. Council may modify or rescind the debarment at any time. During the period of debarment, the person so debarred shall not be included on a bidder's list nor shall Council consider for a contract award any partnership, association or corporation affiliated with a debarred entity. After the debarment period expires, the vendor or individual and any partnership, association, limited liability company or corporation affiliated with the individual may reapply for inclusion on bidder lists through the normal application process.
(Ord. 2000-202. Adopted 5-22-00; Ord. 2015-436. Adopted 10-26-15; Ord. 2017-319. Adopted 8-21-17.)
(Ord. 2000-202. Adopted 5-22-00; Ord. 2015-436. Adopted 10-26-15; Ord. 2017-319. Adopted 8-21-17.)