5.34.645 Rejection of Offers.

City Code Section

(Amended by Ordinances 185065185898187974 and 189878, effective March 4, 2020.)

  1. A.  Rejection of an Offer.
    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.  An example of rejection in the public interest is the City’s determination that any of the unit Bid prices are significantly unbalanced to the City’s potential detriment.
    2. 2.  The City shall reject an Offer 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);
      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 Work that fails 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.   Omits, or is unclear as to, the price; or the price cannot be determined in the Solicitation Documents;
      9. i.  Requires a delivery date different from that required by the Solicitation Document;
      10. j.  The Offeror failed to substantially comply with any Subcontractor Equity Program Specifications;
    3. 3.  The City shall reject an Offer upon the City’s finding that the Offeror:
      1. a.  Has not been Prequalified under ORS 279C.430 and the City required mandatory Prequalification;
      2. b.  Has been Disqualified or suspended;
      3. c.  Has been declared ineligible under ORS 279C.860 by the Commissioner of Bureau of Labor and Industries and the Contract is for a Public Work;
      4. d.  Is listed as not qualified by the Construction Contractors Board or the Landscape Contractors Board, when required;
      5. e.  Has not met the requirements of ORS 279A.105 if required by the Solicitation Document;
      6. f.  Has not submitted properly executed Bid or Proposal Security as required by the Solicitation Document;
      7. g.  Has failed to provide the certification required under Subsection 5.34.645 C.;
      8. h.  Is not Responsible.
  2. B.  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 ownership of the Person to determine application of this rule or to apply the Disqualification provisions of ORS 279C.440 to 279C.450 and Section 5.34.550.
  3. C.  Certification of Non-Discrimination.  The Offeror shall certify and deliver to the City Written certification, as part of the Offer that the Offeror has not discriminated and will not discriminate against a COBID Certified Firm in obtaining any required subcontracts.  Failure to do so shall be grounds for rejection.
  4. D.  Rejection of all Offers.  The City may reject all Offers for good cause upon the City’s Written finding it is in the public interest to do so.  The City shall notify all Offerors of the rejection of all Offers, along with the good cause justification and finding.
  5. E.  Criteria for Rejection of All Offers.  The City may reject all Offers upon a Written finding that:
    1. 1.  The content of, an error in, or the omission from the Solicitation Document, or the Solicitation process unnecessarily restricted competition for the Contract;
    2. 2.  The price, quality or performance presented by the Offerors is too costly or of insufficient quality to justify acceptance of the Offer;
    3. 3.  Misconduct, error, or ambiguous or misleading provisions in the Solicitation Document threaten the fairness and integrity, or the appearance of fairness and integrity of the Competitive process;
    4. 4.  Causes other than legitimate market forces threaten the integrity of the Competitive Procurement process.  These causes include, but are not limited to, those that tend to limit competition such as restrictions on competition, collusion, corruption, unlawful anti-Competitive conduct and inadvertent or intentional errors in the Solicitation Document;
    5. 5.  The City cancels the Solicitation in accordance with Section 5.34.660; or
    6. 6.  Any other circumstance indicating that Awarding the Contract would not be in the public interest.