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5.33.510 Prequalification of Prospective Offerors; Pre-Negotiation of Contract Terms and Conditions.

City Code Section

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

  1. A.  The City may Prequalify prospective Offerors as follows:
    1. 1.  The Chief Procurement Officer shall determine the types of forms, the method of submitting applications and the information required to be a prequalified Offeror for Goods or Services.
    2. 2.  Prospective Offerors shall submit the application on the form required by the Chief Procurement Officer.    
    3. 3.  Upon receipt of the application, the City shall investigate the prospective Offeror as necessary to determine whether the Prequalification should be granted. 
    4. 4.  If an early Prequalification decision is requested, the City shall make that decision in less than 30 Days, if practicable. 
    5. 5.  The Chief Procurement Officer shall notify prospective Offerors whether or not they have been prequalified.  If a prospective Offeror is not prequalified, the Chief Procurement Officer shall specify which of the standards of responsibility listed in Section 5.33.500 the prospective Offeror failed to meet. 
  2. B.  If the City determines that a prequalified Offeror is no longer qualified the Chief Procurement Officer may revoke or revise the Prequalification upon reasonable notice, except that a revocation or revision is invalid as to any Contract for which an advertisement for Bids or Proposals has already been issued.    
  3. C.  Notwithstanding the prohibition against revocation of Prequalification generally in ORS 279B.120(3), the City may determine that a prequalified Offeror is not Responsible for any given Contract prior to Contract Award.
  4. D.  The City may pre-negotiate some of all Contract terms and conditions including prospective Proposer Contract forms such as license agreements, maintenance and support agreements, or similar documents for use in future Procurements.  Such pre-negotiation of Contract terms and conditions (including prospective Proposer forms) may be part of the prequalification process of a Proposer in Subsection A. or the pre-negotiation may be a separate process and not part of a prequalification process.  Unless required as part of the prequalification process, the failure of the City and the prospective Proposer to reach agreement on pre-negotiated Contract terms and conditions does not prohibit the prospective Proposer from responding to Procurements.  The City may agree to different pre-negotiated Contract terms and conditions with different prospective Proposers.  When the City has pre-negotiated different terms and conditions with Proposers or when permitted, Proposers offer different terms and conditions, the City may consider the terms and conditions in the Proposal evaluation process.