§ 10-2-406. PURCHASE CONTRACTS.

(a)

Scope. This section applies to the award of contracts for services and commodities.

(b)

In general. The Purchasing Agent may reject all bids, parts of all bids, or all bids for any one or more commodities or services included in the proposed contract when in the Purchasing Agent's judgment the public interest will be served.

(c)

Criteria for awarding a contract - In general.

(1)

Except as otherwise provided in this subtitle, the Purchasing Agent shall award a contract to the lowest responsive and responsible bidder following the public opening of bids.

(2)

In determining the lowest responsive and responsible bidder, in addition to price, the Purchasing Agent shall consider:

(i)

The ability, capacity, and skill of the bidder to deliver the commodities or provide the service required;

(ii)

Whether the bidder can deliver the commodities or provide the service promptly or within the time specified;

(iii)

The character, integrity, reputation, judgment, experience, and efficiency of the bidder;

(iv)

The quality of performance of previous contracts or services;

(v)

The previous and existing compliance by the bidder with laws relating to the subject matter of the bid;

(vi)

Whether the bidder is in arrears or in default to the county on debt or contract or is in default under any surety to the county or whether the bidder's county taxes or assessments are delinquent;

(vii)

The sufficiency of the financial resources and ability of the bidder to deliver the commodities or provide the services;

(viii)

The suitability of the commodities or services to the particular use for which the purchase is solicited with the goal that all bidders stand on equal footing with respect to the method and timeliness of submission and required contract terms;

(ix)

The ability of the bidder to provide future maintenance and service for the use of the subject of the bid;

(x)

The resale value of the subject of the bid;

(xi)

Whether the bid conforms in all material respects to the requirements contained in the county solicitation and is therefore responsive; and

(xii)

Other information known by the purchasing agent having a bearing on the decision to award the contract.

(d)

Same - Minority bidders and local bidders.

(1)

If two or more bidders are tied for the lowest bid, quality and service being equal, the contract shall be awarded to the bidder qualified as a minority, as defined in the state procurement regulations.

(2)

If two or more of the tied bidders are qualified as a minority, the contract shall be awarded to the minority that is a local bidder.

(3)

If there is no minority involved in the tie, the contract shall be awarded to a local bidder.

(4)

(i)

If there is no local bidder, or more than one local bidder, the Purchasing Agent may:

1.

Award the contract to one of the tieing bidders by drawing lots in public; or

2.

Subject to subparagraph (ii) of this paragraph, purchase the services or commodities in the open market under § 10-2-308 of this title.

(ii)

The price paid in the open market, as authorized under this paragraph, may not exceed the lowest contract bid price submitted for the same commodities or services.

(e)

Statement if contract not awarded to lowest bidder. If the contract is not awarded to the lowest responsive and responsible bidder in price, the Purchasing Agent shall:

(1)

Make a written statement of the reasons for not awarding the contract to the lowest responsive and responsible bidder in price;

(2)

Send a copy of the statement to the secretary to the County Council and the County Administrative Officer; and

(3)

Retain a copy of the statement in the Purchasing Agent's file.

(1988 Code, § 15-84) (Bill No. 171, 1989, § 1, 1-20-1990; Bill No. 69-95, § 6, 7-1-1995; Bill No. 49-96, § 7, 7-1-1996; Bill No. 65-98, § 1, 7-10-1998; Bill No. 83-00, § 2, 7-1-2004; Bill No. 72-03, § 12, 7-1-2004)