(1) In addition to those bids requiring a deposit pursuant to State law, the County may require a bid deposit in an amount not less than five (5) percent of the total bid for purchases made hereunder. If required, such requirement shall be included in the bid specifications.

(2) Bid deposits shall be in one or more of the same forms authorized by State law for public works contracts.

(3) If the bidder to whom a contract is awarded fails to enter into a contract consistent with the bid proposal or fails to furnish a required contractor’s bond, within ten (10) days after the notice of award, the bid deposit may be forfeited to the County and the contract may be awarded to the next lowest responsible bidder. Furthermore, a low bidder who claims error and fails to enter into a contract is prohibited from bidding on the same purchase or public work if a second or subsequent call for bids is made for the purchase or public work.

(4) Bid deposits may be returned, except for the apparent three (3) lowest responsible bidders, at any time after bid opening.

(5) The bid deposits of all unsuccessful bidders shall be returned after the contract is awarded, the contract is executed by the successful bidder, and the contractor’s bond is furnished and accepted by the County.