BC 2009 12 21 Regular - Laserfiche WebLink

Home Browse Search

December 21, 2009 (Regular Meeting) Page 173 0 3. The emergency cannot be self-created (due to a failure to take precautions). D. Purchases from other governmental units Compliance is not required with the competitive bidding statutes when the contract for the purchase of apparatus, supplies, materials or equipment is from any federal agency, or any other governmental unit within the United States (i.e. municipalities, counties, schools, housing authorities). E. Contracts established by the State or any agency of the State The North Carolina Statutes allow purchases from contracts established by the State or any agency of the State, if the contractor is willing to extend the same or more favorable prices, terms and conditions as established in the original contract. No governing board approval is needed to enter into a contract under this provision. F. Purchase of Used Equipment The purchase of used equipment is exempt from the bidding statutes. The County may purchase used equipment at a private auction or may purchase by any means it deems appropriate any items of used apparatus, supplies, materials or equipment. This exception does not include remanufactured or refurbished items, re-fabricated materials or demonstration equipment. Article 6 GENERAL PURCHASING PROVISIONS I. BOND REQUIREMENTS Bonds or other security instruments may (at the option of Purchasing) be requested for supply or service contracts required by the North Carolina State Purchasing Statutes to protect the County's interest. Any such bonding requirements shall be set forth in the solicitation. Bid or performance bonds shall not be used as a substitute for a determination of a bidder's responsibility. II. WHEN BONDS ARE REQUIRED The formal bid statute requires the County to obtain a bid bond, performance bond and a payment bond for construction or repair projects in the amount of $500,000 or more. For each contract exceeding $50,000 (i.e. plumbing, electrical, general, HVAC) a performance and payment bond is required. Bonds cannot be waived. III. ERRORS IN BIDS AND BID WITHDRAWAL Withdrawal of inadvertently erroneous bids and return of bid deposit, for contraction or repair projects, or for the purchase of apparatus, supplies, materials or equipment before or within seventy-two (72) hours after bid opening, based on such bid mistakes may be permitted where appropriate. Request for withdrawal must be made in writing. IV. LOWEST RESPONSIVE, RESPONSIBLE BIDDER Award of contracts is made to the lowest responsive, responsible bidder taking into consideration quality, performance and the time specified for the performance of the contract. 1. "Responsible" refers to the bidder and "responsive" refers to the bid. 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.