ISSUED FOR BID

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AWARDING BIDDED CONTRACTS

Ordinance NO. 133.05

(a) If the City of New Philadelphia is required by law, ordinance or resolution to award a contract to the lowest responsive and responsible bidder, a bidder on the contract shall be considered responsive if his proposal responds to bid specifications 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. The factors that the City shall consider in determining whether a bidder on the contract is responsible include the experience of the bidder, his financial condition, his conduct and performance on previous contracts, his facilities, his management skills, and his ability to execute the contract properly. An apparent low bidder found not to be responsive and responsible shall be notified by the City of New Philadelphia of that finding and the reasons for it in writing and by certified mail.

(b) Where the City of New Philadelphia determines to award a contract to a bidder other than the apparent low bidder or bidders for the construction, reconstruction, improvement, enlargement, alteration, repair, painting or decoration of public improvements, it shall meet with the apparent low bidder or bidders upon a filing of a timely written protest. The protest must be received within five days of the notification required in subsection (a) hereof. No final award shall be made until the City of New Philadelphia either affirms or reverses its earlier determination.

Notwithstanding any other provisions of the Revised Code, the procedure described in this division is not subject to Ohio R.C. Chapter 119.

(c) The policy stated in subsection (a) hereof, is hereby enacted in accordance with Ohio R.C. 9.312.

(Ord. 28-91. Passed 4-8-91.)