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December 21, 2009 (Regular Meeting) Page 1731 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 mean 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. If significant changes including major increase or decrease in quantity of material, or in the overall design, approach, or method are made compared to the original specifications, the project should be re-advertised. VII. "PREDOMINANT ASPECT" RULE Some contracts involve both a service and the purchase of tangible property. In these cases, the "predominant aspect" rule is applied in determining the best approach for obtaining the service and goods. If the service component of the contract is the predominant aspect of the contract (in terms of relative costs or importance to the contracting unit) the contract is characterized as a service and a Request for Proposals (RFP) should be used. If the purchase of supplies or equipment is the predominant aspect of the contract, an Invitation to Bid (ITB) should be used. VIII. PUBLIC RECORD Formal bids received in response to an ITB are subject to public inspection once they are opened and must be made available for inspection, subject to reasonable limitations necessary to maintain their integrity and to properly conduct the bidding procedure. Custody of the bids must be maintained to avoid any possibility that bids might be altered or that portions might be misplaced or removed. There is only one exception to the rule that formal bids are public record once they are opened. State statutes provides an exception for information contained in a bid that meets the definition of a trade secret under state law, and such must be designated at the time the bid is submitted. Informal bids are not subject to public inspection until after the contract is awarded. Information should not be disclosed verbally or otherwise in order to maintain confidentiality until after the award. IX. REJECTING BIDS NCGS ~ 143-129 reserves the right to the County Board of Commissioners to reject any and all formal bids. This authority for Cabarrus County has been delegated to the County Manager.