(A) ComÂpetÂiÂtive BidÂding Required. Any work or othÂer pubÂlic improveÂment which is not to be paid for in whole or in part by speÂcial assessÂment or speÂcial taxÂaÂtion, and all purÂchasÂes of and conÂtracts for supÂplies, mateÂriÂals, and serÂvices shall, except as specifÂiÂcalÂly proÂvidÂed hereÂin, be based whenÂevÂer posÂsiÂble on comÂpetÂiÂtive bids.
(B) Notice InvitÂing Bids. Notice invitÂing bids shall be pubÂlished at least once in a newsÂpaÂper with genÂerÂal cirÂcuÂlaÂtion withÂin the CounÂty. The CounÂty shall also adverÂtise all pendÂing work or purÂchasÂes by postÂing a notice on the pubÂlic bulÂletin board in the Courthouse.
(C) Scope of Notice. The newsÂpaÂper notice required hereÂin shall include a genÂerÂal descripÂtion of the work to be perÂformed or the artiÂcles to be purÂchased, shall state where specÂiÂfiÂcaÂtions may be secured, and the time and place for openÂing bids.
(D) Bid Deposits. When deemed necÂesÂsary by the CounÂty Board bid deposits shall be preÂscribed in the pubÂlic notices invitÂing bids. UnsucÂcessÂful bidÂders shall be entiÂtled to the return of their bid deposits upon the award of the conÂtract by the CounÂty Board. A sucÂcessÂful bidÂder shall forÂfeit any bid deposit required by the Board upon failÂure on his part to enter into a conÂtract withÂin ten (10) days after the award.
(E) Bid OpenÂing Procedure.
- Sealed. Bids shall be subÂmitÂted sealed to the CounÂty and shall be idenÂtiÂfied as bids on the envelope.
- OpenÂing. Bids shall be opened in pubÂlic at the time and place statÂed in the pubÂlic notice.
- TabÂuÂlaÂtion. A tabÂuÂlaÂtion of all bids received shall be made by the Board or by a CounÂty employÂee, in which event, a tabÂuÂlaÂtion of the bids shall be furÂnished to theÂCounÂtyÂBoard at its next regÂuÂlar meeting.
(F) RejecÂtion of Bids. TheÂCounÂtyÂBoard shall have the authorÂiÂty to reject all bids or parts of all bids when the pubÂlic interÂest will be served thereby.
(G) BidÂders in Default to CounÂty Board. TheÂCounÂtyÂBoard shall not accept the bid of a conÂtracÂtor who is in default on the payÂment of taxÂes, licensÂes or othÂer monies due the County.
(H) Award of Contract.
- AuthorÂiÂty in CounÂty. The Board shall have the authorÂiÂty to award conÂtracts withÂin the purview of this section.
- LowÂest ResponÂsiÂble BidÂder. ConÂtracts shall be awardÂed to the lowÂest responÂsiÂble bidÂder on the basis of the bid that is in the best interÂest of the CounÂty to accept. In awardÂing the conÂtract, in addiÂtion to price, the Board shall consider:
- The abilÂiÂty, capacÂiÂty and skill of the bidÂder to perÂform the conÂtract to proÂvide the serÂvice required;
- Whether the bidÂder can perÂform the conÂtract or proÂvide the serÂvice promptÂly, or withÂin the time specÂiÂfied, withÂout delay or interference;
- The charÂacÂter, integriÂty, repÂuÂtaÂtion, judgÂment, expeÂriÂence and effiÂcienÂcy of the bidder;
- The qualÂiÂty of the perÂforÂmance of preÂviÂous conÂtracts or services;
- The preÂviÂous and existÂing comÂpliÂance by the bidÂder with laws and ordiÂnances relatÂing to the conÂtract or service;
- The sufÂfiÂcienÂcy of the finanÂcial resources and abilÂiÂty of the bidÂder to perÂform the conÂtract or proÂvide the service;
- The qualÂiÂty, availÂabilÂiÂty and adaptÂabilÂiÂty of the supÂplies or conÂtracÂtuÂal serÂvices to the parÂticÂuÂlar use required;
- The abilÂiÂty of the bidÂder to proÂvide future mainÂteÂnance and serÂvice for the use of the subÂject of the contract;
- The numÂber and scope of conÂdiÂtions attached to the bid.
- PerÂforÂmance Bonds. TheÂCounÂtyÂBoard shall have the authorÂiÂty to require a perÂforÂmance bond, before enterÂing into a conÂtract, in such amounts as it shall find reaÂsonÂably necÂesÂsary to proÂtect the best interÂests of the County.
(I) Open MarÂket ProÂceÂdure. All work and purÂchasÂes of supÂplies, mateÂriÂals and serÂvices of less than the estiÂmatÂed valÂue of TwenÂty ThouÂsand DolÂlars ($20,000.00) shall be made in the open marÂket, withÂout newsÂpaÂper adverÂtiseÂment and withÂout observÂing the proÂceÂdure preÂscribed by this secÂtion for the award of forÂmal contracts.
(J) ProÂfesÂsionÂal SerÂvices Exempt From BidÂding RequireÂments. All conÂtracts for proÂfesÂsionÂal serÂvices, includÂing, but not limÂitÂed to, attorÂneys, engiÂneers, real estate appraisÂers and archiÂtects and any othÂer proÂfesÂsion whose ethÂiÂcal code involved proÂhibits or disÂcourÂages involveÂment in norÂmal bidÂding proÂceÂdures, may be entered into by the CounÂty withÂout observÂing the bidÂding proÂceÂdures preÂscribed by this SecÂtion for the award of forÂmal contracts.
(K) EmerÂgency PurÂchasÂes. In case of an apparÂent emerÂgency which requires immeÂdiÂate work or purÂchase of supÂplies, mateÂriÂals or serÂvices, the CounÂty Board shall be empowÂered to secure by open marÂket proÂceÂdure as hereÂin set forth, at the lowÂest obtainÂable price, any work, supÂplies, mateÂriÂals or serÂvices regardÂless of the amount of the expenditure.
(L) CoopÂerÂaÂtive PurÂchasÂing. The CounÂty shall have the authorÂiÂty to join with othÂer units of govÂernÂment in coopÂerÂaÂtive purÂchasÂing plans when the best interÂests of the CounÂty would be served thereby.
(M) The CounÂty shall purÂchase equipÂment, serÂvices, mateÂriÂals, and supÂplies in accorÂdance with SecÂtion 5–1022 “ComÂpetÂiÂtive Bids”, and in accorÂdance with the proÂviÂsions of that Act may, by CounÂty Board action, in cirÂcumÂstances deemed propÂer by the CounÂty Board, make purÂchasÂes of used equipÂment, make purÂchasÂes of items in transÂacÂtions which by their very nature are not suitÂable for comÂpetÂiÂtive bidÂding, and make purÂchasÂes of cerÂtain items by conÂtract with the state or fedÂerÂal government.