(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.
Sealed. Bids shall be submitted sealed to the County and shall be identified as bids on the envelope.
Opening. Bids shall be opened in public at the time and place stated in the public notice.
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.
Authority in County. The Board shall have the authority to award contracts within the purview of this section.
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.
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.