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December 21, 2009 (Regular Meetinq) <br />Page 1725 <br />electronic means on the Cabarrus County website. The <br />advertisement must contain, at a minimum: <br />1) The time and place specifications may be obtained; <br />2) The time and place bids/proposals will be opening; and, <br />3) A statement reserving the right to reject any or all <br />bids. <br />b. All bids must be submitted in a sealed opaque envelope or <br />package to ensure prices and terms will not be disclosed. <br />c. All bids must be opened in public and the board or governing <br />body shall award the contract. <br />d. Award shall be made to the "lowest responsible bidder or <br />bidders, whose bid meets the requirements and criteria set forth <br />in the Invitation for Bids, taking into consideration quality, <br />performance and the time specified in the proposal for the <br />performance of the contract." In the event the lowest responsible <br />bids are in excess of the funds available for the project or <br />purchase, the governing body is authorized to enter into <br />negotiations with the lowest responsible bidder or bidders above <br />mentioned, making reasonable changes in the specifications as may <br />be necessary to bring the contract price within the funds <br />available, and may award a contract to such bidder. <br />e. All contracts must be executed in writing. <br />f. The successful bidder may be required to post a performance <br />bond in the amount of 100°s of the total bid price to the County. <br />Performance bonds are due prior to contract execution as a <br />guarantee of the faithful performance of the terms and conditions <br />of the contract. Performance bonds are required for construction <br />or repair contract for projects over $500,000 per NCGS ~143- <br />129(c) and for each contract over $50,000 per NCGS ~44A-26; and, <br />must be in the form of a bond, certified check, or cash. <br />g. There is no minimum number of bid's required for apparatus, <br />goods, supplies and equipment. If only one response is received, <br />it can be opened and awarded based on a determination that the <br />prices are fair and reasonable. <br />2. Purchasing Procedures <br />The formal bid process may take up to ten (10) weeks to complete <br />once a request has been received, therefore, planning and <br />scheduling is of the utmost importance. <br />a. Written specifications must be prepared. Good, clear <br />specifications are an essential aspect of competitive bidding. <br />Quality and service can be as important as price; therefore, <br />specifications are needed that will fulfill, but not exceed the. <br />requirements for which the items and/or services are intended. <br />Specifications are prepared by the ordering department with input <br />from the Purchasing Agent to ensure that the products purchased <br />meet the need. Brand names or equal should only be used when no <br />other description would be equally satisfactory. <br />b. A pre-bid conference may be scheduled to review <br />specifications, pertinent terms and conditions, and to answer <br />vendor questions pertaining to the bid process. <br />c. Addenda are prepared, if necessary, due to a change in the bid <br />specifications, or for additional clarification and sent via US <br />Mail, email or fax to all vendors on the original bid list. <br />d. All bids are opened and the total dollar amount with the <br />corresponding name of the company submitting the bid is read <br />aloud. A tabulation of all bids received is made and retained in <br />the Purchasing Office files and is available for public <br />inspection upon request. Cabarrus County regularly uses <br />discretion to determine if certain bids are acceptable or need <br />clarification. Before the lowest responsive, responsible bidder <br />can be determined, a thorough evaluation of all bids is conducted <br />after the bid opening. No statement about the apparent successful <br />bidder is required at bid opening. Any deviation or omission in a <br />bid is reviewed on a case-by-case basis to determine the <br />responsiveness of the bid. <br />e. Bids shall be evaluated based on the requirements and <br />specifications set forth in the Invitation for Bid, which may <br />include criteria to determine acceptability such as inspection, <br />testing, quality, workmanship, delivery and suitability for a <br />particular purpose. No criteria may be used in bid evaluation <br />that is not set forth in the Invitation for Bid. Cabarrus County <br />reserves the right to waive formalities and technicalities and to <br />make awards according to the best interest of the County. <br />