PURCHASES FOR WHICH ADVERTISING AND BIDDING ARE REQUIRED
The Purchasing Agent and / or its Public-Private Partner should advertise for bids according to the following provisions whenever the total price of each line or class of materials to be purchased directly from Utility funds is in excess of $75,000.
When advertising for the purchase or lease of materials in excess of $75,000, the Utility and/or its Public-Private Partner should prepare specifications describing the kind and quantity of the materials needed, while avoiding specifications that might unduly limit competition. In addition, the specifications may include one or more of the following conditions:
That bids will be received and contracts let, separately, for each line or class of materials.
That bids will be received and contracts let for the purchase or lease of an unspecified number of items at a fixed price per unit.
That bids will be evaluated on the basis of such factors as reliability, productivity, and the cost of maintenance and services.
Notice of time and place for receiving of bids should be given by publication of two (2) separate notices, at least one week apart, in the Evansville Courier & Press and Our Times, or any successors to these newspapers, if available. The second publication must be made at least ten days prior to the time for the receiving of bids. In addition, the notice should be published in one (1) commercial journal unless good cause exists for not doing so. It is not necessary to include the detailed specifications in the advertised notice. A statement in the notice saying that the specifications are on file for public inspection in a specified office and/or on the Utility’s web site is sufficient. The notice may not require a bidder to submit a bid before the meeting at which bids are to be received.
All meetings for receiving bids should be open to the public. The bids should be opened publicly and read aloud at the time and place designated in the notice.
After a satisfactory bid is received, the Utility may award a contract to the lowest responsible and responsive bidder. When a contract is not awarded to the lowest bidder, the lowest responsible and responsive bidder must be determined, and justification for the award must be stated in the minutes at the time the award is made. A copy of the Utility minutes must be kept available for public inspection.
In determining whether a bidder is responsive, the Utility may consider the following factors:
Whether the bidder has submitted a bid or quotes that conforms in all material respects to the specifications.
Whether the bidder has submitted a bid that complies specifically with the invitation to bid and the instructions to bidders.
Whether the bidder has complied with all applicable statutes, ordinances, resolutions, or rules pertaining to the award of a public contract.
In determining whether a bidder is a responsible bidder, the Utility may consider the following factors:
The ability and capacity of the bidder to provide the materials.
The integrity, character, and reputation of the bidder.
The competency and experience of the bidder.
Evidence of Financial Responsibility
When bids exceed $100,000, a certified check or other evidence of financial responsibility shall be filed with each bid in the amount determined and specified by the Utility in the advertised notice. When bids are less than $100,000, the Utility may require a bidder to file evidence of financial responsibility with each bid. The amount of the certified check or other evidence of financial responsibility may not be set at more than ten percent (10%) of the contract price. The certified check or other evidence of financial responsibility shall be made payable to the Evansville Water & Sewer Utility.
Checks of Bidders
All checks submitted by unsuccessful bidders shall be returned after the selection of successful bidders. Checks submitted by successful bidders shall be held until delivery or until completion of the contract.
Use of Prescribed Forms
Each bid for a purchase or lease of materials in excess of $75,000 must be executed on General Form No. 95 as prescribed by the Indiana State Board of Accounts. Each bid must also include a Bidder’s Affidavit.
Rejection of All Bids
The Utility may reject all bids and advertise for new bids. If no valid bids are received for an item, the Utility may purchase or lease that item on the open market without further advertisement for bids.