3.12.070 Awarding of bids/lowest responsible bidder.
(1) Contracts may be awarded to the lowest responsible bidder or any or all bids may be rejected for good cause after bid opening, and further calls for bids may be made in the same manner as the original call. Immaterial irregularities in bid proposals may be waived. Timely receipt of bids by the Clerk of the Board is deemed material and bids not received by the Clerk of the Board by the time specified shall not be considered by the Board. When determining “lowest responsible bidder,” in addition to price, the following shall be considered:
(a) The ability, capacity, and skill of the bidder to perform the contract;
(b) Whether the bidder can perform the contract promptly, or within the time specified, without delay or interference;
(c) The bidder’s ability to perform the contract in a manner that is conducive to the prudent use of energy and natural resources;
(d) The quality of performance of previous contracts with the County or with other contractees;
(e) The sufficiency of financial resources. If it is known that a contractor is in default on the payment of taxes or other public monies due the County, State, or federal government it shall not have its bid accepted;
(f) The quality, availability, and adaptability of the supplies or contractual services to the particular use required;
(g) The ability of the bidder to provide future maintenance and service for the subject of the contract;
(h) The number and scope of conditions attached to the bid;
(i) The contractor’s character, integrity, judgment, and reputation in the community and industry.
(2) When bids are not rejected and a contract is not awarded to the lowest bidder, a full and complete statement of the reasons therefor shall be prepared by the County Official and retained with any other papers relating to the transaction.
(3) If two or more lowest responsible bids are essentially equivalent in quality, cost, and ability to perform, the contract shall be awarded to one of the lowest responsible bidders by drawing lots in public view.
(4) “Good cause” as used in subsection (1) of this section means, but is not limited to:
(a) Unavailable, inadequate, ambiguous specifications, terms, conditions, or requirements were cited in the solicitation;
(b) Specifications, terms, conditions, or requirements have been revised;
(c) The supplies or services being contracted for are no longer required;
(d) The solicitation did not provide for consideration of all factors of cost to the agency;
(e) Bids received indicate that the needs of the agency can be satisfied by a less expensive article differing from that for which the bids were solicited;
(f) All otherwise acceptable bids received are at unreasonable prices or only one bid is received and the agency cannot determine the reasonableness of the bid price;
(g) No responsive bid has been received from a responsible bidder; or
(h) The bid process was not fair or equitable.
(5) Negotiations can be entered into exclusively with the lowest responsible bidder in order to determine if the lowest responsible bid may be improved. This negotiation opportunity shall not be used to permit a bidder to change a nonresponsive bid into a responsive bid.
(6) A low bidder who claims error and fails to enter into a contract is prohibited from bidding on the same purchase or project if a second or subsequent call for bids is made for the purchase or project.