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DEPARTMENT OF STATE TREASURER POLICIES MANUAL <br />PURCHASING POLICY <br />SECTION 35 PAGE - 12 <br /> <br />2) <br /> <br />3) <br /> <br />4) <br /> <br />5) <br /> <br />c) <br /> <br />For construction contracts, the engineer or <br />architect may need to advise prospective bidders <br />that they must be properly licensed (G.S. 87-15). <br /> <br />Each formal bid proposal must be accompanied at the <br />time of its filing by a bid deposit equal to not less <br />than five percent of the bid. Acceptable forms of this <br />deposit are limited to: cash, cashier's check, <br />certified check, or bid bond from a North Carolina <br />licensed surety. The deposit is retained if the'bidder <br />is awarded the contract and fails to execute the <br />contract and to give satisfactory performance and <br />payment bonds (where required by statute or the local <br />government) within ten days after the award. The <br />governing board may waive the bid deposit requirement <br />for purchase contracts of less than $100,000. <br /> <br />Bids must be opened in public and recorded in the <br />minutes of the governing board. This provision does <br />not require that they be opened and read before the <br />Board. They may be opened in public by an officer of <br />the local government, tabulated, evaluated, and brought <br />before the Board for action and a summary of them <br />recorded in the Board's minutes. Bids that materially <br />differ in content from the published advertisement or <br />the governmental unit's request for proposal may be <br />rejected. <br /> <br />Contracts must be awarded to the lowest responsible <br />bidder, considering quality, performance, and the time <br />specified in the proposals for performance of the <br />contract. Thus, the only ground for not at least <br />considering a bid that meets specifications is a <br />finding that the bidder is not responsible. As used in <br />this sense, the responsibility of bidders refers to <br />their experience, the training and quality of their <br />personnel, their financial strength, other work tha~ <br />they are under contract to finish, and other factors <br />that might reasonably bear on their ability to perform <br />as proposed. (This does not require that the lowest <br />bid always be taken. Quality, timing, and past <br />performance also should be carefully considered.) <br /> <br />G.S. 143-132 requires that, for construction and repair <br />contracts for which the estimated cost is $50,000 or <br />more, at least three competitive bids must be received <br />after the initial advertisement in order for the local <br />government to award a contract. (If several contracts <br />are involved under the separate specifications rules, <br />this requirement is applied separately to each <br />contract. For contracts bid in the alternative between <br />the separate prime and single-prime contract, a bid <br />submitted by a single-prime contractor shall constitute <br /> <br />Updated 3/92 <br /> <br /> <br />