5.33.640 Rejection of all or part of an Offer.

City Code Section

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

  1. A.  Investigation.  The City may, but is not required to, seek clarification of an Offer to determine whether it is responsive and make such investigation as necessary to determine whether an Offeror is responsible.  The investigation may include:
    1. 1.  An inquiry into the responsibility of the Offeror’s proposed Subcontractor and suppliers;
    2. 2.  Requiring an Offeror to demonstrate its financial ability to perform the Contract.  In exercising this right, the City shall notify the apparent successful Offeror in Writing to submit such documentation as the City deems necessary to complete a thorough evaluation of the Offeror’s financial ability;
    3. 3.  Obtaining any credit report information that the City deems necessary to investigate and evaluate whether the Offeror is financially responsible.  By submitting an Offer, the Offeror authorizes the City to investigate its credit, to obtain credit reports and to cooperate in the event that credit information is requested by the City.
    4. 4.  Any action necessary to ascertain whether the Offeror is responsible.
  2. B.  Grounds for Rejection.
    1. 1.  The City may reject any Offer upon finding that to accept the Offer may impair the integrity of the Solicitation process or that rejecting the Offer is in the public interest.
    2. 2.  The City may reject any Offer, in whole or in part, when rejection is in the best interest of the City as determined by the City.  If so, the reasons for rejection shall be made part of the Solicitation file.
    3. 3.  The City shall reject an Offer as nonresponsive upon the City’s finding that the Offer:
      1. a.  is contingent upon the City’s acceptance of terms and conditions (including Specifications) that differ from the Solicitation Document;
      2. b.  takes exception to terms and conditions (including Specifications) unless the Solicitation Document specifically allows such exceptions in order to encourage innovative approaches and ideas;
      3. c.  attempts to prevent public disclosure of matters in contravention of the terms and conditions of Solicitation Document or in contravention of applicable law;
      4. d.  offers Goods or Services that fail to meet the Specifications of the Solicitation Document;
      5. e.  is late;
      6. f.  is not in substantial compliance with the Solicitation Documents;
      7. g.  is not in substantial compliance with all prescribed public Solicitation procedures;
      8. h.  contains a deviation that, if the Offer was accepted, would give the Offeror a substantial advantage or benefit not shared by other Offerors; or
      9. i.  has failed to comply with the programs adopted pursuant to PCC Section 5.33.900. 
    4. 4.  The City shall reject an Offer upon the City’s finding that the Offeror:
      1. a.  Has not been prequalified under ORS 279B.120 and the City required mandatory Prequalification;
      2. b.  Has been debarred as set forth in ORS 279B.130;
      3. c.  Has not met the requirements of ORS 279A.105 regarding subcontracting to COBID Certified Firms when required to do so by the City;
      4. d.  Has not submitted properly executed Bid or Proposal security as required by the Solicitation Document;
      5. e.  Has failed to provide the certification of nondiscrimination required by Subsection 5.33.640 D.; or
      6. f.  Is not a Responsible contractor pursuant to Section 5.33.500 and state law.
  3. C.  Form of Business. 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 an ownership interest of the Person to determine application of this rule or to apply the Debarment provisions of ORS 279B.130.
  4. D.  Certification of Non-Discrimination. The Offeror shall certify and deliver to the City the Written certification required by Subsection 5.33.075 B.3.