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Awarding of Contracts Policy

The Board of Trustees of the Shaker Heights Public Library resolves that, in accordance with ORC Section 9.312, contracts awarded under ORC Section 3375.41 shall be awarded to the lowest responsive and responsible bidder in accordance with the following procedures:

  1. A bidder for a contract shall be considered responsive if the bidder’s proposal responds to bid specification in all material respects and contains no irregularities or deviations from the specifications which would affect the amount of the bid or otherwise give the bidder a competitive advantage.
  2. In determining whether a bidder is responsible, the following factors shall be considered:
    1. The bidder’s experience;
    2. The bidder’s financial condition;
    3. The bidder’s conduct and performance on previous contracts.
    4. The bidder’s facilities;
    5. The bidder’s management skills;
    6. The bidder’s ability to execute the contract properly.
  3. Nonresponsive bidders shall be rejected. The library reserves the right to reject all bidders.
  4. Each bidder rejected as nonresponsive whose bid was lower than the lowest responsive bidder shall be notified of the finding that it was nonresponsive and the reasons for the finding in writing and by certified mail.
  5. The Director, or the Director’s designee, shall obtain from the lowest responsive bidder any information the Director, or the Director’s designee, deems appropriate to the consideration of items a through f in paragraph 2 above.  If the Director, or the Director’s designee, deems it appropriate, all bidders may be required to provide some or all of such information together with their bids.
  6. If the lowest responsive bidder is responsible, the contract shall be awarded to such bidder unless all bidders are rejected.
  7. If the lowest responsive bidder is not responsible, such bidder shall be rejected and shall be notified of the finding that it is not responsible and the reasons for the finding in writing and by certified mail or all bidders shall be rejected.  Any bidder who was rejected as nonresponsive but who was not notified under Paragraph 4 above and whose bid is lower than the next lowest responsive bidder shall be notified of the finding that it was nonresponsive and the reasons for the finding in writing and by certified mail unless all bidders are rejected.
  8. If the lowest responsive bidder is not responsible, and all bidders are not rejected, the Director, or the Director’s designee, shall follow the procedure set forth in Paragraphs 5, 6 and 7 above with each next lowest responsive bidder until the contract is awarded, all bidders are rejected or all responsive bidders are determined to be not responsible.
  9. Unless all bids are rejected, any bidder who is notified in accordance with paragraph 4 or 7 above may object to its rejection upon filing a written protest which is received by the Director, or the Director’s designee, within five (5) days of notification provided to that bidder under paragraph 4 or 7 above, as applicable.
  10. Upon receipt of a timely protest, the Director, or the Director’s designee, shall meet with the protesting bidder to hear the bidder’s objection.  ORC Chapter 119 shall not be applicable to such meeting.
  11. No award of the contract shall become final until after the Director, or the Director’s designee, has met with all bidders who have timely filed protests and the award is affirmed.
  12. If all protests are rejected, the award of the contract shall be affirmed.
  13. If a protest is not rejected, any procedures set forth above which have not already been applied to the bidder making such protest, or if more than one protest is not rejected to the lowest bidder making such a protest, shall be applied to that bidder.  If, in accordance with the applicable procedures set forth above, such bidder is determined to be the lowest responsible and responsible bidder, the contract shall be awarded to such bidder and the previous award shall be reversed.  If, in accordance with the applicable procedures set forth above, each such bidder is determined to not be the lowest responsive and responsible bidder, then the previous award of the contract shall be affirmed.

Approved by the Shaker Heights Public Library Board of Trustees 3/1991, 4/13/2010, 5/9/2011