Orange County NC Website
Browse       Search
23 <br /> <br />John Roberts said it is an agreement between two entities, and the filing of some <br />paperwork. He said it is a simple process, and the architects were surprised that the bid came <br />in without the filing already in process. <br />Commissioner Marcoplos asked if there is a reason, from a financial standpoint, why a <br />business would hold off on the filing until there is a certain need for that relationship. <br />John Roberts said he is not certain, but the County would not want to award a bid <br />without the certification, because it would not be a firm, binding bid. <br />Commissioner Marcoplos asked if the County can accept a bid, with a contingency of <br />completion of the business relationship, before the work is done. <br />John Roberts said he has never done it, and is not certain if it can be done legally. <br />Commissioner Marcoplos said Resolute is a local company with a strong track record, <br />and, while he understand what happened, he is having a hard time understanding why there is <br />no flexibility with this question. <br />Commissioner Dorosin asked if there is a reason why the County could not just rebid the <br />project, as Resolute would probably get it due to the cost. <br />John Roberts said one path forward would be to reject all of the bids, and authorize a <br />rebid for the project. <br />Commissioner Marcoplos asked if this process has any impact on bidder rights. <br />John Roberts said the County has the absolute authority, under state law, to reject all <br />bids, so there is no infringement on the bidder’s rights. <br />Commissioner Marcoplos asked if there are any drawbacks to rejecting all bids. <br />John Roberts said he is not certain. <br />Commissioner McKee said it is clear that the BOCC can reject all bids, and call for a re- <br />bid. He said it is quite clear that the process or requirements were not met, so he sees no <br />reason not to reject all bids and to put it back out for a bid. <br />Commissioner Price asked if the BOCC is required to consider the second lowest bid, if <br />the lowest was rejected due incomplete qualifications. <br />John Roberts said usually, yes, the next low bidder would be negotiating for the contract. <br />He said the BOCC has not yet rejected the lowest bidder, so there are no rights to consider. He <br />said it is within the Board’s authority to reject all bids. He reminded the BOCC that anyone can <br />sue for anything, at any time. <br />Commissioner Dorosin said the options are to reject all bids and rebid, and Resolute <br />could rebid while meeting all of the qualifications; or the Board could reject Resolute’s bid and <br />take next highest bid, which is not appealing to anyone because of the significant difference in <br />cost. He recommended rejecting all bids, and put it back out to allow Resolute to meet the <br />qualifications, and later accept the lowest bid, which would probably be Resolute. <br /> <br />A motion was made by Commissioner Dorosin, seconded by Commissioner McKee to <br />reject all bids and put the project out again for bid. <br /> <br />Commissioner Marcoplos asked if there is a timeline for this process. <br />John Roberts said it took 2-3 weeks last time. <br />Commissioner Price asked if the other applicants would be notified. <br />John Roberts said yes. <br /> <br />VOTE: UNANIMOUS <br /> <br />a. Minutes <br />The Board will consider correcting and/or approving the minutes from October 1 and 3, 2019 as <br />submitted by the Clerk to the Board. <br />