§ 41.031 BID PROCEDURES.
   (A)   Preparation of invitation for bid; determination of method of procurement. The determination of the method of procurement is made by the cost or nature of that procurement as indicated below and determined by the designated procurement officer.
      (1)   Purchases less than $100 (purchase order).
      (2)   Purchases from $100 to $9,999.99.
         (a)   For the County Executive the purchase award is to be authorized by the County Executive or his or her duly authorized agent.
         (b)   For the County Board the purchase award is to be authorized by the County Board or its duly authorized agent.
         (c)   Bids shall not be required, but at the discretion of the County Executive or the duly authorized agent, thereof, informal quotes may be obtained.
         (d)   Bids, bid deposits or performance bonds are not required.
      (3)   Purchases from $10,000 to $19,999.99.
         (a)   Formal bids shall not be required, but three informal quotes shall be sought.
         (b)   The results of the quotes shall be reported in written form as an attachment to the Auditor. The County Executive or County Board, or duly authorized agent thereof, shall select the lowest responsible quote and procure the item or services.
         (c)   In the event the lowest quote is not chosen then the reason shall be reported by the procurement officer in writing, as an attachment to the Auditor.
         (d)   Bids, bid deposits or performance bonds are not required.
      (4)   Purchases in excess of $20,000.
         (a)   The purchase or contract of any budgeted item or nonprofessional service, with an estimated price equal to or exceeding $20,000, shall be submitted to the County Executive for advertising and bidding and then presented by the County Executive to the appropriate County Board committee as determined by the County Board rules for presentation to and for final approval by the County Board.
         (b)   Expenditures shall be as provided in the approved budget; or if not specifically provided in the approved budget, shall require prior approval of the assigned County Board committee only to the extent that additional funds or appropriation is necessary.
         (c)   Public advertisements for sealed bids shall be required.
         (d)   The bids are to be opened at a time and place designated prior to the letting of bids.
         (e)   Bid deposit and performance bonds will be required. The requirement of a bid deposit and/or performance bonds may be waived or modified prior to bid letting, including time and material costs, (on an individual case-by-case basis upon the recommendation of the County Executive) with the final determination of the waiver of the bid deposit requirement to be made by the assigned County Board committee. Notwithstanding the aforesaid, a one-time purchase of supplies shall not require a performance bond.
         (f)   Awards are to be made to the lowest responsible bidder complying with the terms and conditions of the invitation for bids, request for proposals or request for quotes.
         (g)   Notwithstanding any other provision of this chapter, the County Board may let without advertising for bids, in the case of purchases and contracts, when individual orders do not exceed $25,000 for the use, purchase, delivery, movement or installation of data processing equipment, software or services and telecommunications and inter-connect equipment, software and services.
   (B)   General terms and requirements. (Required for, but not limited to, all purchases exceeding $20,000.) The general terms and requirements will include, but are not limited to:
      (1)   Delivery time;
      (2)   Bid opening date and place;
      (3)   Tax exemption statements;
      (4)   Method of award; and
      (5)   Bond requirements.
   (C)   Recycled materials. Bidders able to supply products containing recycled materials that meet performance requirements are encouraged to offer them in bids and proposals.
   (D)   Responsibility of bidders; determination of nonresponsibility. If a bidder or offeror who otherwise would have been awarded a contract is found not responsible, the awarding entity must make a written determination of nonresponsiblity, setting forth the basis of the finding. A copy of the determination shall be sent promptly to the nonresponsible bidder or offeror. The final determination shall be made part of the contract file.
(1980 Code, § 41.021) (Ord. 08-461, passed 11-20-2008)