Sec. 2-121. - Cancellation of invitation for bids.
Sec. 2-122. - Competitive sealed bids.
Sec. 2-123. - Rejection of bids and negotiation.
Sec. 2-124. - Waiver of irregularities.
Secs. 2-127—2-135. - Reserved.
Sec. 2-121. - Cancellation of invitation for bids.
An invitation for bids, a request for proposals or other solicitation under this division may be cancelled or any or all bids or proposals may be rejected in whole or in part when it is in the best interest of the county by the purchasing director upon recommendation of the operating department. Each solicitation issued by the county shall state that the solicitation may be cancelled and that any bid or proposal may be rejected in whole or part when it is in the best interest of the county. Notice of cancellation or rejection shall be sent to all businesses solicited. The notice, in addition, will state that an opportunity will be given to compete on any resolicitation or any future procurement of similar items.
(Code 1970, § 1-51; Ord. No. 92-06, § 21, 5-19-92)
Sec. 2-122. - Competitive sealed bids.
(a)
Generally. All supplies, equipment and contractual services, except as otherwise provided in this division, when the estimated cost thereof exceeds $25,000.00, shall be purchased by competitive sealed bid from the lowest responsive and responsible bidder after due notice inviting bids; provided, however, that the board of county commissioners shall have the authority to waive the competitive sealed bid requirement if it deems it advisable to do so.
(b)
Notice inviting bids.
(1)
Newspaper. Notice inviting bids shall be published once in at least one newspaper distributed in the county and at least five working days preceding the last day set for the receipt of bids. The newspaper notice shall include a general description of the articles to be purchased or sold, shall state where bid blanks and specifications may be secured and the time and place for opening bids.
(2)
Bidders list. The purchasing director shall also solicit sealed bids from all responsible prospective suppliers who have requested their names to be added to a bidders list which the director shall maintain by sending them a copy of such newspaper notice or such other notice as will acquaint them with the proposed purchase or sale. In any case, invitations sent to the vendors on the bidders list shall be limited to commodities that are similar in character and ordinarily handled by the trade group to which the invitations are sent.
(c)
Bid deposits. When deemed necessary by the director, bid deposits shall be prescribed in the public notices inviting bids. Unsuccessful bidders shall be entitled to return of surety where the director has required such. A successful bidder shall forfeit any surety required by the director upon failure on his part to enter a contract within ten working days after written notice of award.
(d)
Bids received.
(1)
Sealed bids. Bids shall be submitted to the director and shall be identified as bids on the outside of the envelope.
(2)
Opening. Bids shall be opened in public at the time and place stated in the public notice and shall be witnessed and certified.
(3)
Tabulation. A tabulation of all bids received shall be made and shall be available for public inspection.
(Code 1970, § 1-39; Ord. No. 92-06, § 9, 5-19-92; Ord. No. 00-11, §§ 12, 13, 7-25-00)
Sec. 2-123. - Rejection of bids and negotiation.
(a)
If the lowest bid received under this subdivision is $15,000.00 or less, the purchasing director shall have the authority to reject any and all bids. If the lowest bid is less than $25,000.00 the county administrator or his designee shall have the authority to reject any and all bids. The board of county commissioners shall have the authority to reject any and all bids under all circumstances.
(b)
If the lowest responsive and responsible bid exceeds the budgeted amount and the board of county commissioners does not make additional funds available, the item may be readvertised for bidding only after making sufficient changes in the project plans and specifications to bring the cost within the limit of the money available.
(c)
If no bid is received or if the lowest responsive and responsible bid exceeds the budgeted amount, the purchasing director shall advise the appropriate authority designated in subsection (a) of this section, in writing, the condition and circumstances surrounding the bid. The appropriate authority may then authorize the purchasing director to purchase by negotiation, but this shall be done only under conditions most favorable to the public interest and when the purchase will result in the lowest or most responsive and responsible ultimate cost for the goods or services obtained.
(Code 1970, § 1-40; Ord. No. 92-06, § 10, 5-19-92; Ord. No. 00-14, § 1, 7-25-00)
Sec. 2-124. - Waiver of irregularities.
The board of county commissioners shall have the authority to waive any and all irregularities in any and all formal bids under this subdivision.
(Code 1970, § 1-41; Ord. No. 92-06, § 11, 5-19-92)
(a)
Lowest bidder. All purchases under this division, when the sum is $15,000.00 or less, shall be awarded by the purchasing director to the lowest responsive and responsible bidder meeting all specifications. All purchases, when the sum is in excess of $15,000.00 and not exceeding $25,000.00, shall be awarded by the county administrator or his designee to the lowest responsive and responsible bidder meeting all specifications. The county attorney has the authority to approve expenditures directed by his/her office only up to an amount less than or equal to $25,000.00. When the amount of a purchase is in excess of $25,000.00, the board of county commissioners shall award to the lowest responsive and responsible bidder. In determining the lowest responsive and responsible bidder, in addition to price, there shall be considered the following:
(1)
The ability, capacity and skill of the bidder to perform the contract.
(2)
Whether the bidder can perform the contract within the time specified, without delay or interference.
(3)
The character, integrity, reputation, judgment, experience and efficiency of the bidder.
(4)
The quality of performance including working relationship of previous contracts.
(5)
The previous and existing compliance by the bidder with laws and ordinances relating to the contract.
(6)
The sufficiency of the financial resources and ability of the bidder to perform the contract or provide the service.
(7)
The quality, availability and adaptability of the supplies or contractual services to the particular use required.
(8)
The ability of the bidder to provide future maintenance and service for the subject of the contract.
(9)
The number and scope of conditions attached to the bid.
(b)
Award to other than low bidder. When the award is not given to the lowest bidder, a full and complete statement of the reasons for placing the order elsewhere shall be prepared by the purchasing director and filed with the other papers relating to the transaction.
(c)
Contracts. All formal return agreements or contracts enforceable by law between the county and one or more outside parties, for the procurement of supplies, materials, services, professional services and construction, shall be submitted to the board of county commissioners for approval and signature.
(d)
Change orders. All written alterations or change orders issued against a formal written agreement or contract, shall be submitted to the board of county commissioners for approval prior to execution of such alterations or changes. All written alterations or change orders issued against purchase orders not involving a formal written agreement or contract, shall be submitted to the approving authority in accordance with section 2-125, taking into account the proposed change.
(Code 1970, § 1-42; Ord. No. 92-06, § 12, 5-19-92; Ord. No. 00-11, §§ 15—18, 7-25-00)
Under this subdivision, award of all tie bids with a value of $15,000.00 or less shall be made by the purchasing director or his designee. All tie bids in excess of $15,000.00, but with a value of less than 25,000.00, shall be awarded by the county administrator or his designee. All tie bids in excess of $25,000.00 shall be made by the board of county commissioners. Where tie bids are between bidders, one of which is a business whose principal place of business is located in the county and the other bidder is not, the bid shall be awarded to the local bidder only if it is determined that the local bidder is the lowest responsive and responsible bidder in accordance with section 2-125.
(Code 1970, § 1-43; Ord. No. 92-06, § 13, 5-19-92; Ord. No. 96-02, § 7, 1-9-96; Ord. No. 00-11, § 19, 7-25-00)