2366                               County Local Laws

(d)    When deemed necessary by the chief administrative officer,
subject to the direction of the County Executive, bid deposits may be
required. A successful bidder shall forfeit any deposit required upon
failure on his part to enter a contract within ten days after the notice of
award is mailed.

(e)    The chief administrative officer may, subject to the direction of
the County Executive, reject all bids or parts of bids when the public
interest will be served thereby.

(f)    Tie bids shall be resolved by drawing lots in public.

(g)    The successful bidder shall ordinarily be required to furnish
surety in the form of certified or cashiers' check or bond for the faithful
performance of the contract in the amount specified in the bid form;
provided, that bidders who regularly do business with the county shall be
permitted to file with the county an annual bid bond and an annual
performance bond in an amount to be established by the county in lieu of
furnishing surety with each individual transaction.

(h) In addition to surety for faithful performance the successful
bidder shall furnish a labor and material men's bond, or surety in the
form of cash or certified cashiers' check to guarantee the payment of all
labor performed and all materials used on a capital improvement project.

(i) In addition to price, the following factors shall be considered in
determining the "lowest responsible bidder":

(1)    The ability, capacity, organization, facilities, and skill of the
bidder to perform the contract or provide the goods and services re-
quired.

(2)    Whether the bidder can perform the contract or provide the
service within the time specified, without delay or interference.

(3)    The integrity, reputation and experience of the bidder.

(4)    The quality of performance of previous contracts or services.
Past unsatisfactory performance, due to failure to apply necessary tenacity
or perservance to do an acceptable job, shall be sufficient to justify a
finding of nonresponsibility.

(5)    The previous and existing compliance by the bidder with
laws and ordinances relating to the contract or service.

(6)    The sufficiency of the financial resources of the bidder to per-
form the contract or provide the service.

(7)    The availability of parts and maintenance service.

(8)    The number and scope of conditions attached to the bid.

(9)    Maintenance and service requirements which shall include,
but not be limited to, the following: availability, cost, quality and delivery
of parts.

In determining "responsibility," the chief administrative officer shall
also ascertain whether the bidder is in default on the payment of any
money due the county and may deny the award of a contract to any bidder
who is in default. "Default on payment" shall not include liability for
taxes for the current year.