(a) It is hereby found and determined to be prudent and necessary that the Village adopt a standard for competitive bid contracts as outlined in Ohio R.C. 9.312, said standard to be implemented upon the effective date of this section and the standard shall conform to the lowest responsive and responsible bidder’s standard as being in accordance with Ohio R.C. 9.312.
(b) In accordance with the adoption of this standard, a bidder for a competitive contract shall be considered responsive if said bidder’s bid 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 the bidder any competitive advantage.
(c) In determining whether such bids are 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 for manufacturing and/or service;
(5) The bidder’s management skills; and
(6) The bidder’s ability to execute the contract properly in all respects.
(d) In the event that no bidders are in compliance with the bid specifications, then and in that event, all bids shall be rejected on the subject competitive bid contract.
(e) All non-responsive bids shall be rejected on the subject competitive bid contract.
(f) Each and every bidder rejected as non-responsive whose bid was lower than the lowest responsive bidder, shall be notified of the finding that its bid was non-responsive and the reasons for the finding, in writing, by certified mail.
(g) The Administrator of the Village, or his designee, shall obtain from the lowest responsive bidder, any and all information that the Administrator or Council, shall deem to be appropriate to the consideration of the items expressed in subsection (c) herein.
(h) In the event the Administrator or Council, shall deem it appropriate, all bidders may be required to provide some or all of such information as outlined in subsection (c) hereof together with their bids.
(i) In the event the lowest responsive bidder is responsible, the contract shall be awarded to such bidder unless all bidders are rejected.
(j) In the event that the lowest responsive bidder is determined not to be responsible such bidder shall be rejected and shall be notified of the finding that such bidder is not responsible and the reasons for this finding, the notice shall be in writing by certified mail, or in the alternative all bidders shall be rejected. Any bidder who was rejected as non-responsive but was not notified under subsection (f) hereof and whose bid is lower than the next lowest responsive bidder, shall be notified of the finding that such bidder was non-responsive and the reasons for the finding, in writing, by certified mail or in the alternative, all bidders shall be rejected.
(k) In the event the lowest responsive bidder is determined not to be responsible and in the event all bidders are not rejected, the Administrator or Council shall follow the procedures set forth in subsection (g), (i) and (j) herein with each next lowest responsive bidder until the contract shall be awarded or in the alternative, all bidders are rejected or all responsive bidders are determined to be not responsible bidders.
(l) In the event that not all bids are rejected as provided for herein, any bidder who is notified in accordance with subsections (f) and (j) above may object to the rejection of its bids upon filing a formal written protest which shall be received by the Administrator of the Village within five days of the receipt of the rejection notification provided to the rejected bidder under subsections (f) and (j) herein, as applicable.
(m) In the event of the receipt of a timely protest filed pursuant to this section by a rejected bidder, the Administrator shall meet with the protesting bidder to hear the bidder’s objection. The dictates and provisions of Ohio R.C. Chapter 119 shall not be applicable to this meeting.
(n) No award of a contract shall become final until after the Administrator shall have met with all rejected bidders who have filed protests in a timely manner pursuant to the conditions of this section and the award is confirmed by vote of the majority of Council.
(o) In the event that all protests as filed pursuant to this section are rejected by the Administrator, the award of the contract shall be affirmed.
(p) In the event that a protest shall not be rejected, any procedures set forth herein which have not already been applied to the bidder instituting such protest or if more than one protest is not rejected to the lowest bidder making such a protest shall be applied to that bidder. If in accordance with the application procedures set forth herein, such bidder is determined then to be the lowest responsive and responsible bidder, the contract shall be awarded to such bidder and any previous award shall be reversed. If in accordance with the applicable procedures set forth herein, each such bidder is determined to not be the lowest responsive and responsible bidder, then the previous award of the contract shall be affirmed.
(q) Only lower bidders than the awarded bid shall be permitted to file protest under the terms and conditions of this section.
(r) The Village of Whitehouse has the complete discretion in determining whether a bidder is responsible or responsive. Council shall exercise the discretion as to whether the bids submitted shall be responsible or responsive. All bids as submitted in conformity with competitive bid contracts for the Village may be submitted by certified mail, personal delivery or by facsimile transmission to the Village.
(Ord. 6-93. Passed 4-6-93.)
(s) The format on request for proposals and/or advertised bids for competitive construction contracts to be awarded pursuant to competitive bid procedures shall be in such form as is prescribed by the Administrator of the Village for each such project. Such format as prescribed by the Administrator may include general unit contract price bidding for an entire project as well as individual component bidding for said construction project. All of said format for the submission of bids shall be in conformity with local, state and federal law.
(Ord. 12-2000. Passed 7-18-00.)