5.34.500 Responsibility of Offerors.

City Code Section

(Amended by Ordinances 181547, 183445185898 and 189878, effective March 4, 2020.)

  1. A.  Contracts shall be Awarded only to Responsible Offerors.  Pursuant to ORS 279C.375, 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 Offeror’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 record 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.   Among the matters the City may review in this regard is whether the Offeror has a record of material violations of state or federal prevailing wage laws.  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.  The City may find an Offeror not Responsible based on the lack of integrity of any Person having influence or control over the Offeror (such as a key employee of the Offeror that has the authority to significantly influence the Offeror’s performance of the Contract or a parent company, predecessor or successor Person.)  The standards for Conduct Disqualification may be used to determine an Offeror’s integrity.  The City may find an Offeror not 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.  Is legally qualified to Contract with the City, including, but not limited to, an EEO Certification and a current, valid, business tax registration account from the City.  Procurement Services may determine that a Person is not legally qualified if:
      1. a.  The Person does not have a business tax registration account with the City; or
      2. b.  The Person failed to make payments required by Title 7 of the City Code and has failed to make appropriate payment arrangements with the Revenue Bureau 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.
    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 disqualified by the City pursuant to ORS 279C.440 and Section 5.34.530.
  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 279C.375.