5.33.610 Offer Evaluation and Award.

City Code Section

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

  1. A.  General.  If a Contract is Awarded, the City shall Award the Contract to the Responsible Offeror submitting the lowest, Responsive Bid. The City may Award by item, groups of items or the entire Offer provided such Award is consistent with the Solicitation Document and in the public interest.
  2. B.  Multiple Items.  An Invitation to Bid or Request for Proposal may call for pricing of multiple items of similar or related type with Award based on individual line item, group total of certain items, a “market basket” of items representative of the total requirement, or grand total of all items.
  3. C.  All or none Offers.  All or none Bids or Proposals may be accepted if the evaluation shows an all or none Award to be the lowest cost of those submitted.
  4. D.  Clarification of Offers.  After Opening, discussions may be conducted with apparent Responsive Offerors for the purpose of clarification to assure full understanding of the Offer.  All Offers, in the City’s sole judgment, needing clarification shall be accorded such an opportunity.  Clarification of any Offer must be documented in Writing by City and shall be included in the file.
  5. E.  Multiple Awards - Bids. If a Solicitation permits the Award of multiple Contracts, the City shall specify the criteria it shall use to choose from the multiple Contracts when purchasing Goods and Services. The criteria shall require the City to purchase the lowest priced goods or services available from the multiple Contracts.  Multiple Awards shall not be made if a single Award will meet the City’s needs without sacrifice of economy or service.  A multiple Award may be made if Award to two or more Offerors of similar products is necessary for adequate availability, delivery, and service or product compatibility. Awards may not be made for the purpose of dividing the Solicitation, or to allow for user preference unrelated to utility or economy.  A notice to potential Offeror that multiple Contracts may be Awarded for any Solicitation shall not preclude the Award of a single Contract for such Solicitation.
  6. F.   Multiple Awards – Proposals. If a Solicitation permits the Award of multiple Contracts, the City shall specify the criteria it shall use to choose from the multiple Contracts when purchasing Goods and Services. The criteria shall require the City to procure the goods or services that are most Advantageous to the City available from the multiple Contracts.  Multiple Awards shall not be made if a single Award will meet the City’s needs without sacrifice of economy or service.  A multiple Award may be made if Award to two or more Offerors of similar Goods or Services is necessary for adequate availability, delivery, and service or product compatibility. Multiple Awards may not be made for the purpose of dividing the Solicitation, or to allow for user preference unrelated to obtaining the most Advantageous Contract.  A notice to potential Offeror that multiple Contracts may be Awarded for any Solicitation shall not preclude the Award of a single Contract for such Solicitation.
  7. G.  Partial Awards. If after evaluation of competitive Offers, the City finds that a qualified Offer has been received for only parts of the requirements of the Solicitation:
    1. 1.  A Contract may be Awarded for the parts of the Solicitation for which qualified Offers have been received.
    2. 2.   All Offers may be rejected and a new Invitation to Bid or Request for Proposals on the same or revised terms, conditions and Specifications may be issued.
  8. H.  City Evaluation. The City shall evaluate an Offer only as set forth in the Solicitation Document and in accordance with applicable law. The City shall not evaluate an Offer using any other requirement or criterion.
  9. I.  Evaluation of Bids. The City shall evaluate Bids as set forth in ORS 279B.055(6)(a). 
    1. 1.  In evaluating Bids, the City shall apply the Contract preferences set forth in Sections 5.33.625 through 5.33.635.  
    2. 2.  Low, Tied Offers. Low, tied Offers shall be resolved pursuant to Section 5.33.625. 
  10. J.   Evaluation of Proposals.  The City shall evaluate Proposals as set forth in 279B.060(6) and Section 5.33.210 and in the event of low, tied Proposals, in accordance with Section 5.33.625.
  11. K.  Recycled Materials. In determining the most Advantageous Responsive Proposal the City shall give preference for recycled materials as set forth in ORS 279A.125 and Section 5.33.635.