April 16, 2012 - Cabarrus County

2. A bid is “responsive” if it substantially conforms to the specifications. If it has a“material variance” then it does not substantially conform. A material variance isone that, if allowed, would give one bidder an unfair competitive advantage overothers.3. The bidder is “responsible” if they have the skill, judgment and integritynecessary to the faithful performance of the contract, as well as sufficientfinancial resources and ability.4. A determination that the lowest bidder is not responsible applies to thatparticular bid. Broad findings are not permissible.5. All information should be verified and accurate records kept including thesources of pertinent information.6. Concluding that a vendor is not “responsible” based on false or unsubstantiatedinformation is to be avoided.V. MINORITY AND WOMEN OWNED BUSINESS ENTERPRISE (MWBE)The County is committed to promoting equal opportunities for all and to eliminateprohibited discrimination in all forms. For purposes of this section, prohibiteddiscrimination means “discrimination against any person, business or other entity incontracting or purchasing practices on the basis of race, color, sex or national origin”.All County departments are encouraged to seek out MWBE firms for participation inprocurement of goods and services.VI.NEGOTIATING WITH BIDDERSThe formal bidding statute allows negotiation with bidders only in one situation:when all bids exceed the “funds available for the project”. In this case, the Countymay elect to negotiation with the lowest responsible bidder and make reasonablechanges in the plans and specifications as necessary to bring the contract pricewithin the amount of funds available.Reasonable changes means minor changes that are unlikely to make a difference inthe positions of the bidders, so as to make re-advertisement with revisedspecifications unnecessary.Page 31 of 48Attachment number 1F-6Page 103