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5.33.500 Responsibility of Offerors.

City Code Section

(Amended by Ordinances 183445185898, 187373 and 189878, effective March 4, 2020.)

  1. A.  Contracts shall be Awarded only to Responsible Offerors.  Pursuant to ORS 279B.110, the City shall consider whether the Offeror has:
    1. 1.  Available the appropriate financial, material, equipment, facility and personnel resources and expertise, necessary to indicate the capability of the prospective Offeror to meet all Contractual responsibilities;
    2. 2.  Has completed previous contracts of a similar nature with a satisfactory record of performance.  A “satisfactory record of performance” means that to the extent the costs associated with and time available to perform a previous contract were within the Offer’s control, the Offeror stayed within the time and budget allotted for the Procurement and otherwise performed the contract in a satisfactory manner.  The City should carefully scrutinize an Offeror’s records of contract performance if the Offeror is or recently has been materially deficient in contract performance.  In reviewing the Offeror’s performance, the City should determine whether the Offeror’s deficient performance was expressly excused under the terms of the contract, or whether the Offeror took appropriate corrective action.  The City may review the Offeror’s performance on both private and public contracts in determining the Offeror’s record of contract performance. The City shall document the record of performance of a prospective Offeror if the City finds the prospective Offeror non-Responsible under this Paragraph;
    3. 3.  A satisfactory record of integrity.  An Offeror may lack integrity if the City determines the Offeror demonstrates a lack of business ethics such as violation of state environmental laws or false certifications made to the City.  The City may find an Offeror non-Responsible based on lack of integrity of any Person having influence or control over the Offeror (such as key employees of the Offeror has the authority to significantly influence the Offeror’s performance of the Contractor or a parent company, predecessor or successor Person.)  The standards for Debarment under ORS 279B.130 may be used to determine an Offeror’s integrity.  The City may find an Offeror non-Responsible based on previous convictions of offenses related to obtaining or attempting to obtain a contract or subcontractor or in connection with the Offeror’s performance of a contract or subcontract.  The City shall document the record of integrity of a prospective Offeror if the City finds the prospective Offeror non-Responsible under this Paragraph;
    4. 4.  Qualified legally to Contract with the City.  Procurement Services may determine that such an Offeror is not legally qualified if:
      1. a.  The Offeror does not have a business tax registration account with the City; or
      2. b.  The Offeror failed to make payments required by Title 7 of the City Code and has failed to make appropriate payment arrangements with the Revenue Division of the Bureau of Revenue and Financial Services within seven (7) Days of the receipt of a Bid or Proposal, unless the City waives that requirement and decides to pursue collection through retention of Contract funds, or through other means; or
      3. c.  The Offeror failed to submit a signed affidavit that attests, under penalty of perjury, that the Offeror has complied with the tax laws of the State of Oregon and the City of Portland.
    5. 5.  Supplied all necessary information in connection with the inquiry concerning responsibility.  If a prospective Offeror fails to promptly supply information requested by the City concerning responsibility, the City shall base the determination of responsibility upon any available information or may find the prospective Offeror non-Responsible;
    6. 6.  Not been debarred by the City under ORS 279B.130, Sections 5.33.530 or 5.33.540.
  2. B.  In the event the City determines an Offeror is not Responsible it shall prepare a Written determination of non-responsibility as required by ORS 279B.110.
  3. C.  Form of Business Entity.  For purposes of this rule, the city may investigate any Person submitting an Offer.  The investigation may include that Person’s officers, directors, owners, affiliates, or any other Person acquiring ownership of the Person to determine application of this rule or to apply the Debarment provisions of ORS 279B.130.