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Session Laws, 1970
Volume 695, Page 2796   View pdf image
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2796                               Municipal Charters

have become obsolete and unusable, when the estimated value shall exceed
Three Thousand Dollars ($3,000.00) TWO THOUSAND FIVE HUNDRED
DOLLARS ($2,500.00) shall be sold by formal written contract to the
highest responsible bidder after public notice inviting proposals. The
method and extent of notice involving purchases or sales shall be prescribed
in detail in the rules and regulations adopted pursuant to this subtitle.
Except for emergency purchases, no order for purchase of supplies or
contractual services as provided in this Section, shall be issued until and
unless the Director of Finance shall first certify that funds for the desig-
nated purpose are available. No contract or purchase shall be subdivided
to avoid the requirements of this Section. In addition, the following pro-
cedure shall be observed in the award of formal contracts estimated to
exceed Three Thousand Dollars ($3,000.00) TWO THOUSAND FIVE
HUNDRED DOLLARS ($2,500.00) in value, except as provided herein:

(1)    Newspaper notice, when used, shall include a general description
of the articles to be purchased or sold, shall state where bid blanks and
specifications may be secured, and shall state the time and place for opening
bids.

(2)    The purchasing agent shall also solicit sealed bids from all
responsible prospective suppliers who have requested their names to be
added to the "bidder's list" which the purchasing agent shall maintain,
by sending them a copy of such newspaper notice or such other written
notice as will acquaint the supplier or interested party with the proposed
purchase or sale. In all cases, regardless of estimated value, notices of
pending purchases or sale shall be posted on a bulletin board located in
the main offices of the purchasing agent; with a permanent notice posted
on the official County Bulletin Board advising where such notices can
be found.

(3)    It shall be the duty of the purchasing agent to discourage uni-
form bidding by every possible means and to endeavor to obtain as full
and open competition as possible on all purchases and sales. Accordingly,
the purchasing agent shall require each bidder to accompany his bid with
a statement made under oath that he has not been a party with other bidders
to an agreement to bid a fixed or uniform price. Violation of such statement
shall render void the bid of such bidders. Any disclosure to or acquisition
by a competitive bidder, in advance of the opening of the bids, of the terms
or conditions of the bid submitted by another competitor shall render the
bid of such bidder or bidders void. Any violation of this subsection shall
constitute an offense punishable upon conviction by imprisonment for a
period not to exceed six (6) months or a fine not to exceed One Thousand
Dollars ($1,000.00) or both.

(4)    Bids shall be submitted and sealed AND SHALL REMAIN
SEALED UNTIL THE ADVERTISED OPENING DATE, to the purchas-
ing agent and identified as bids on the envelope. When deemed necessary
by the purchasing agent, deposits shall be prescribed in the public notices
inviting bids. Unsuccessful bidders shall be entitled to a return of their
bid deposits where the agent has required such. In any case, where a
successful bidder fails to execute a contract within ten (10) days after
the award, his bid deposit shall be taken and considered as liquidated
damages, and not as a penalty, for failure of such bidder to execute the
contract. Upon the proper execution of such contract by a successful
bidder, his bid deposit shall be returned to him.

(5)    A tabulation of all bids received shall be posted on the bulletin
board maintained in the main offices of the purchasing agent until the

 

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Session Laws, 1970
Volume 695, Page 2796   View pdf image
 Jump to  
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