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2. A bid is "responsive" if it substantially conforms to the specifications. If it has a "material variance" then it does not substantially conform. A material variance is one that, if allowed, would give one bidder an unfair competitive advantage over others. 3. The bidder is "responsible" if they have the skill, judgment and integrity necessary to the faithful performance of the contract, as well as sufficient financial resources and ability. 4. A determination that the lowest bidder is not responsible applies to that particular bid. Broad findings are not permissible. 5. All information should be verified and accurate records kept including the sources of pertinent information. 6. Concluding that a vendor is not "responsible" based on false or unsubstantiated information is to be avoided. V. MINORITY AND WOMEN OWNED BUSINESS ENTERPRISE (MWBE) The County is committed to promoting equal opportunities for all and to eliminate prohibited discrimination in all forms. For purposes of this section, prohibited discrimination means "discrimination against any person, business or other entity in contracting or purchasing practices on the basis of race, color, sex or national origin ". All County departments are encouraged to seek out MWBE firms for participation in procurement of goods and services. VI. NEGOTIATING WITH BIDDERS The formal bidding statute allows negotiation with bidders only in one situation: when all bids exceed the "funds available for the project ". In this case, the County may elect to negotiation with the lowest responsible bidder and make reasonable changes in the plans and specifications as necessary to bring the contract price within the amount of funds available. Reasonable changes means minor changes that are unlikely to make a difference in the positions of the bidders, so as to make re- advertisement with revised specifications unnecessary. Page 31 of 48 Attachment number 1 F -6 Page 103