5.33.470 Receipt, Opening, and Recording of Offers.

City Code Section

(Amended by Ordinances 183445 and 185898, effective February 20, 2013.)

  1. A.  Receipt.  Procurement Services shall Electronically or mechanically time-stamp or hand-mark each Offer and any modification upon receipt. The Offer or modification shall not be opened, but shall be stored in a secure place until Opening. If an Offer or modification is inadvertently opened prior to the Opening, the City shall reseal and store the opened Offer or modification for Opening. That action shall be documented and placed in the appropriate Solicitation file.  (e.g. “City inadvertently opened the Offer due to improper identification of the Offer.”)
  2. B.  Opening and recording.  Offers shall be opened publicly, including any modifications made to the Offer pursuant to Section 5.33.460.
    1. 1.  In the case of Invitations to Bid, to the extent practicable, the name of each Bidder shall be read aloud as well as the Bid price(s), and such other information as the City considers appropriate.
    2. 2.  In the case of Requests for Proposals, the City will not read Proposals aloud, but will only disclose the name of each Proposer.
  3. C.  Availability. After Opening, Offers will be available for public inspection except for those portions of an Offer that the Offeror designates as trade secrets or as confidential proprietary data in accordance with applicable law. See ORS 192.501(2); ORS 646.461 to 646.475.
    1. 1.  To the extent such designation is not in accordance with applicable law, the City shall make those portions available for public inspection. The Offeror shall separate information designated as confidential from other non-confidential information at the time of submitting its Offer.
    2. 2.  Prices, makes, model or catalog numbers of items offered, scheduled delivery dates, and terms of payment are not confidential, and shall be publicly available regardless of an Offeror’s designation to the contrary.  The Chief Procurement Officer may determine the appropriate charge to be paid for copies made pursuant to public records requests and may request payment for such copies before they are released.  
    3. 3.  Notwithstanding anything contrary above, the City is not required to disclose the contents of Proposals until after the City posts a Notice of Intend to Award pursuant to Section 5.33.650.

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