(a) A bidder for a contract shall be considered responsive if the bidder’s proposal responds to the 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 the bidder a competitive advantage.
(b) In determining whether a bidder is responsible, the following factors shall be considered:
(1) The bidder’s experience;
(2) The bidder’s financial condition;
(3) The bidder’s conduct and performance on previous contracts;
(4) The bidder’s facilities;
(5) The bidder’s management skill;
(6) The bidder’s ability to execute the contract properly.
(c) All nonresponsive bidders and their bids shall be rejected.
(d) Each bidder rejected as nonresponsive whose bid was lower than the lowest responsive bidder shall be notified of the finding that it was nonresponsive and the reasons for the finding in writing by certified mail.
(e) If the lowest responsive bidder is responsible, the contract shall be awarded to such bidder unless all bidders and their bids are rejected.
(f) If the lowest responsive bidder is not responsible, such bidder and his bid shall be rejected and shall be notified of the finding that it is not responsible and the reasons for the finding in writing by certified mail or all bidders and their bids shall be rejected.
(g) Unless all bids are rejected, any bidder who is notified of the rejection of its bid may object to its rejection upon filing a written protest which is received by the Village within five (5) days of the notification provided to that bidder.
(h) Upon the receipt of a timely protest, the Village shall meet with the protesting bidder to hear the bidder’s objection. The provisions of Ohio Revised Code Chapter 119 are not applicable to such meeting.
(i) No award of the contract shall become final until after the Village has met with all bidders who have timely filed protests and the award is affirmed.
(j) If all protests are rejected, the award of the contract shall be affirmed.
(k) If a protest is not rejected and such bidder is determined to be the lowest responsive and responsible bidder, the contract shall be awarded to such bidder and any previous award shall be reversed. (Ord. 11-93-411. Passed 11-3-93.)