(A) Com­pet­i­tive Bid­ding Required.  Any work or oth­er pub­lic improve­ment which is not to be paid for in whole or in part by spe­cial assess­ment or spe­cial tax­a­tion, and all pur­chas­es of and con­tracts for sup­plies, mate­ri­als, and ser­vices shall, except as specif­i­cal­ly pro­vid­ed here­in, be based when­ev­er pos­si­ble on com­pet­i­tive bids.

(B) Notice Invit­ing Bids.  Notice invit­ing bids shall be pub­lished at least once in a news­pa­per with gen­er­al cir­cu­la­tion with­in the Coun­ty.  The Coun­ty shall also adver­tise all pend­ing work or pur­chas­es by post­ing a notice on the pub­lic bul­letin board in the Courthouse.

(C) Scope of Notice.  The news­pa­per notice required here­in shall include a gen­er­al descrip­tion of the work to be per­formed or the arti­cles to be pur­chased, shall state where spec­i­fi­ca­tions may be secured, and the time and place for open­ing bids.

(D) Bid Deposits.  When deemed nec­es­sary by the Coun­ty Board bid deposits shall be pre­scribed in the pub­lic notices invit­ing bids. Unsuc­cess­ful bid­ders shall be enti­tled to the return of their bid deposits upon the award of the con­tract by the Coun­ty Board. A suc­cess­ful bid­der shall for­feit any bid deposit required by the Board upon fail­ure on his part to enter into a con­tract with­in ten (10) days after the award.

(E) Bid Open­ing Procedure.

  1. Sealed. Bids shall be sub­mit­ted sealed to the Coun­ty and shall be iden­ti­fied as bids on the envelope.
  2. Open­ing. Bids shall be opened in pub­lic at the time and place stat­ed in the pub­lic notice.
  3. Tab­u­la­tion.  A tab­u­la­tion of all bids received shall be made by the Board or by a Coun­ty employ­ee, in which event, a tab­u­la­tion of the bids shall be fur­nished to the­Coun­ty­Board at its next reg­u­lar meeting.

(F) Rejec­tion of Bids. The­Coun­ty­Board shall have the author­i­ty to reject all bids or parts of all bids when the pub­lic inter­est will be served thereby.

(G) Bid­ders in Default to Coun­ty Board.  The­Coun­ty­Board shall not accept the bid of a con­trac­tor who is in default on the pay­ment of tax­es, licens­es or oth­er monies due the County.

(H) Award of Contract.

  1. Author­i­ty in Coun­ty.  The Board shall have the author­i­ty to award con­tracts with­in the purview of this section.
  2. Low­est Respon­si­ble Bid­der.  Con­tracts shall be award­ed to the low­est respon­si­ble bid­der on the basis of the bid that is in the best inter­est of the Coun­ty to accept. In award­ing the con­tract, in addi­tion to price, the Board shall consider: 
    • The abil­i­ty, capac­i­ty and skill of the bid­der to per­form the con­tract to pro­vide the ser­vice required;
    • Whether the bid­der can per­form the con­tract or pro­vide the ser­vice prompt­ly, or with­in the time spec­i­fied, with­out delay or interference;
    • The char­ac­ter, integri­ty, rep­u­ta­tion, judg­ment, expe­ri­ence and effi­cien­cy of the bidder;
    • The qual­i­ty of the per­for­mance of pre­vi­ous con­tracts or services;
    • The pre­vi­ous and exist­ing com­pli­ance by the bid­der with laws and ordi­nances relat­ing to the con­tract or service;
    • The suf­fi­cien­cy of the finan­cial resources and abil­i­ty of the bid­der to per­form the con­tract or pro­vide the service;
    • The qual­i­ty, avail­abil­i­ty and adapt­abil­i­ty of the sup­plies or con­trac­tu­al ser­vices to the par­tic­u­lar use required;
    • The abil­i­ty of the bid­der to pro­vide future main­te­nance and ser­vice for the use of the sub­ject of the contract;
    • The num­ber and scope of con­di­tions attached to the bid.
  3. Per­for­mance Bonds.  The­Coun­ty­Board shall have the author­i­ty to require a per­for­mance bond, before enter­ing into a con­tract, in such amounts as it shall find rea­son­ably nec­es­sary to pro­tect the best inter­ests of the County.

(I) Open Mar­ket Pro­ce­dure.  All work and pur­chas­es of sup­plies, mate­ri­als and ser­vices of less than the esti­mat­ed val­ue of Twen­ty Thou­sand Dol­lars ($20,000.00) shall be made in the open mar­ket, with­out news­pa­per adver­tise­ment and with­out observ­ing the pro­ce­dure pre­scribed by this sec­tion for the award of for­mal contracts.

(J) Pro­fes­sion­al Ser­vices Exempt From Bid­ding Require­ments.  All con­tracts for pro­fes­sion­al ser­vices, includ­ing, but not lim­it­ed to, attor­neys, engi­neers, real estate apprais­ers and archi­tects and any oth­er pro­fes­sion whose eth­i­cal code involved pro­hibits or dis­cour­ages involve­ment in nor­mal bid­ding pro­ce­dures, may be entered into by the Coun­ty with­out observ­ing the bid­ding pro­ce­dures pre­scribed by this Sec­tion for the award of for­mal contracts.

(K) Emer­gency Pur­chas­es.  In case of an appar­ent emer­gency which requires imme­di­ate work or pur­chase of sup­plies, mate­ri­als or ser­vices, the Coun­ty Board shall be empow­ered to secure by open mar­ket pro­ce­dure as here­in set forth, at the low­est obtain­able price, any work, sup­plies, mate­ri­als or ser­vices regard­less of the amount of the expenditure.

(L) Coop­er­a­tive Pur­chas­ing.  The Coun­ty shall have the author­i­ty to join with oth­er units of gov­ern­ment in coop­er­a­tive pur­chas­ing plans when the best inter­ests of the Coun­ty would be served thereby.

(M) The Coun­ty shall pur­chase equip­ment, ser­vices, mate­ri­als, and sup­plies in accor­dance with Sec­tion 5–1022 “Com­pet­i­tive Bids”, and in accor­dance with the pro­vi­sions of that Act may, by Coun­ty Board action, in cir­cum­stances deemed prop­er by the Coun­ty Board, make pur­chas­es of used equip­ment, make pur­chas­es of items in trans­ac­tions which by their very nature are not suit­able for com­pet­i­tive bid­ding, and make pur­chas­es of cer­tain items by con­tract with the state or fed­er­al government.