§ 2-108. Bidding procedures.

(a)

Soliciting bids for construction, purchase and leasing. By advertisement at least once in some newspaper of general circulation in the county no later than two (2) weeks prior to opening of bids, or as stipulated by law, the board of county commissioners shall solicit competitive bids for the construction by non-county personnel of any road, street, sidewalk, drainage facility, water distribution system, sewer collection system, water or sewer treatment plant, or building, or the purchase and/or leasing of goods, supplies, materials or nonprofessional services for county use, when the amount to be paid for such construction, purchase or lease is reasonably expected to exceed the threshold amount provided in section 287.017, Florida Statutes, for Category Two, as it may be amended from time to time, exclusive of freight or other delivery charges.

(b)

Acceptance, rejection and competitive award of bids and proposals. The board shall accept the best and lowest responsible and responsive bid for the award of a competitive bid contract but the board may, at its discretion, reject all bids or accept bid item(s) covering less than the entire solicitation if the items bid upon are reasonably severable from the remainder of the contract. The board may reject any bidder found by the board not to be responsible or otherwise unable to perform satisfactorily all provisions of the contract. Where the board rejects any bidder, such finding is presumed to have been made by the board prior to the rejection.

(c)

Exceptions to bidding requirements. Solicitation of bids is not required in the following instances:

(1)

Where the board declares by a majority vote of the board of county commissioners that an emergency exists.

(2)

The purchase and/or leasing of goods, supplies, materials or services for county use from a valid current continuing state contract or from other valid current continuing contracts with the State of Florida or other local governments or similar entities, including but not limited to associations acting on behalf of state, county or municipal officials.

(3)

Where the board finds that there is a reasonable certainty that bids for the contemplated construction or purchase will be offered by only one (1) bidder. The board may use as a basis for this finding a recommendation of the county administrator through the consent agenda, or otherwise as may be determined, that the particular contract is expected to draw bids from only one (1) bidder.

(4)

Where, in the business judgment of the board as declared by majority vote plus one (1) of the board of county commissioners, the particular circumstances or time constraints surrounding the construction or purchase make it impractical or inadvisable to solicit bids.

(5)

Where the contract to be bid upon is one for the purposes authorized by section 336.41, Florida Statutes, as amended from time to time. Such contracts to be bid upon shall be subject to any bidding requirements imposed by general law.

(6)

Where the board by majority vote plus one of the board of county commissioners has by resolution waived competitive bidding when it finds this to be in the best interest of the county.

(7)

Where there has previously been a request for bids and no responsive, responsible bids have been received.

(Ord. No. 93-16, § IV, 7-13-93; Ord. No. 97-23, § 1, 11-4-97; Ord. No. 02-23, § I, 12-17-02)