2.106.160 Bid Bonds.
The County shall demand a deposit by each bidder in the form of a certified or cashier's check or bid bond in an amount not less than 5 percent of the total bid, such amount to be specified in the call for bids for the following projects:
A. construction projects issued subject to Invitations to Bid, and
B. other contracts made subject to Invitations to Bid by the Agent, when he or she deems it is appropriate.
Failure to submit a bid deposit in one of the forms specified above will be a cause for rejection of the bid.
In instances where a bid is for an annual contract to supply an undetermined quantity of goods at a fixed price, quantity to be determined by the County's future requirements, the Agent shall determine the amount of the bid deposit, which amount shall be approximately 5 percent of the total contract price. In determining the total contract price, the Agent shall consider the County's prior purchasing history and its anticipated future requirements.
If the bidder to whom a contract is awarded fails to enter into the contract and furnish the contractor's bond, if required, within 20 days after notice of the award, exclusive of the day of notice, the amount of the bid deposit may be forfeited to the County and the contract awarded to the next lowest and best bidder. The Agent may, at his or her discretion, extend the time for furnishing of a bond for a reasonable length of time as determined by the Agent, when deemed appropriate. The Agent may, when deemed appropriate, return all bid bonds except the apparent three lowest bidders, at any time after bid opening. The bid deposit of all unsuccessful bidders shall be returned after the contract is awarded, and the required contractor's bond given by the successful bidder is accepted by the County.