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