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5.33.200 Competitive Sealed Bidding.

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

A.  The City may procure Goods and Services by Competitive Sealed Bidding as set forth in ORS 279B.055.  An Invitation to Bid (ITB) is used to initiate a competitive sealed Bid Solicitation and shall contain the information required by Subsection 5.33.200 B.   Public Notice of the Competitive Sealed Bidding Solicitation shall be provided as required by Section 5.33.300.

B.  Invitation to Bid. The ITB shall include the following:

1.  General Information.

a.  A time and date by which the Bids must be received and a place at which the Bids must be submitted; 

b.  The name and title of the person designated for the receipt of Bids and the person designated by the City as the contact person for the Procurement, if different;

c.  A Procurement description;

d.  A time, date, and place that Prequalification applications, if any, must be filed and the classes of Work, if any, for which Bidders must be prequalified in accordance with ORS 279B.100 and Section 5.33.510;

e.  A statement that the City may cancel the Procurement or reject any or all Bids in accordance with ORS 279B.100 and Section 5.33.645;

f.  A statement that requires the Contractor or Subcontractor to possess an asbestos abatement license, if required under ORS 468A.710;

g.  All Contractual terms and conditions applicable to the Procurement;

h.  Notice of any pre-Offer conference as follows:

(1)  The time, date and location of any pre-Offer conference; and

(2)  Whether attendance at the conference will be mandatory or voluntary; and

(3)  That statements made by the City’s representatives at the conference or elsewhere are not binding upon the City unless confirmed by Written Addendum;

i.  The form and submission of Offers and any other special information, e.g., whether Offers may be submitted by Electronic means; 

j.  The scheduled Closing;

k.  The office where the Specifications for the Goods or Services may be reviewed;

l.  A statement that each Bidder to an ITB must identify whether the Bidder is a “Resident Bidder,” as defined in Subsection 5.33.010 A.55.;

m.  Bidder’s certification of nondiscrimination in obtaining required Subcontractors   in accordance with ORS 279A.110(4). (See Section 5.33.075); and

n.  How the City will notify Offerors of Addenda and how the City will make Addenda available. See Section 5.33.430; and

o.  That Bidders may be required to obtain a Business License and may be required to be EEO certified. 

2.  City Need to Purchase. The character of the Goods or Services the City is purchasing including, if applicable, a description of the acquisition, Specifications, delivery or performance schedule, inspection and acceptance requirements.  The City’s description of its need to purchase must:

a.  Identify the scope of the work to be performed under the resulting contract, if the City awards one;

b.  Outline the anticipated duties of the Contractor under any resulting contract;

c.  Establish the expectations for the contractor’s performance of any resulting contract; and

d.  Unless the City, for Good Cause specifies otherwise, the scope of work must require the contractor to meet the highest standards prevalent in the industry or business most closely involved in providing the Goods or Services that the City is purchasing.

3.  Evaluation process.

a.  The anticipated Solicitation schedule, deadlines, protest process, and evaluation process, if any;

b.  Evaluation criteria, including the relative value applicable to each criterion, that the City will use to determine the Responsible Bidder with the lowest Responsive Bid and the evaluation criteria the City will use to determine acceptability of any Goods or Services to be purchased;

c.  If the City intends to Award Contracts to more than one Bidder, the City must identify in the Solicitation Document the manner in which it will determine the number of Contracts it will Award. The criteria shall require the City to purchase the lowest priced goods, services or personal service available from the multiple Contracts; and

d.  The City shall set forth objective evaluation criteria in the Solicitation Document in accordance with the requirements of ORS 279B.055(6)(a). Evaluation criteria need not be precise predictors of actual future costs, but to the extent possible, such evaluation factors shall be reasonable estimates based on information the City has available concerning future use.

4.  Preference for Goods manufactured from Recycled Materials under Section 5.33.080 and ORS 279A.125;

5.  Unless otherwise provided in the Contract, the Contractor shall not assign, sell, dispose of, or transfer rights, nor delegate duties under the Contract, either in whole or in part, without the City’s prior Written consent. Unless otherwise agreed by the City in Writing, such consent shall not relieve the Contractor of any obligations under the Contract. Any assignee or transferee shall be considered the agent of the Contractor and be bound to abide by all provisions of the Contract. If the City consents in Writing to an assignment, sale, disposal or transfer of the Contractor’s rights or delegation of Contractor’s duties, the Contractor and its surety, if any, shall remain liable to the City for complete performance of the Contract as if no such assignment, sale, disposal, transfer or delegation had occurred unless the City otherwise agrees in Writing.

6.  All Contractual terms and conditions in the form of Contract provisions the City determines are applicable to the Procurement.  As required by state law, the contract terms and conditions must specify the consequences of the Contractor’s failure to perform the scope of work or to meet the performance standards established by the resulting Contract.  Those consequences may include, but are not limited to:

a.  The City’s reduction or withholding of payment under the Contract;

b.  The City’s right to require the Contractor to perform, at the Contractor’s expense, any additional work necessary to perform the statement of work or to meet the performance standards established by the resulting Contract; and

c.  The City’s rights, which the City may assert individually or in combination, to declare a default of the resulting Contract, to terminate the resulting Contract, and to seek damages and other relief available under the resulting Contractor or applicable law.

C.  Good Cause.  For the purposes of this rule, “Good Cause” means a reasonable explanation for not requiring Contractor to meet the highest standards, and may include an explanation of circumstances that support a finding that the requirement would unreasonably limit competition or is not in the best interest of the City.  The City shall document in the Procurement file the basis for the determination of Good Cause for specification otherwise.  The City will have Good Cause to specify otherwise under the following circumstances:

1.  The purpose to which the Goods or Services will be used does not justify a requirement that the Contractor meet the highest prevalent standards in performing the contract;

2.  Imposing express technical, standard, dimensional, or mathematical specifications will better ensure that the Goods or services will be compatible with or will operate efficiently or effectively with components, equipment, parts, Services or information technology including hardware, Services or software with which the Goods or Services will be used, integrated, or coordinated.

3.  The circumstances of the industry or business that provides the Goods or Services are sufficiently volatile in terms of innovation or evaluation of products, performance techniques, scientific developments, that a reliable highest prevalent standard does not exist or has not been developed.

4.  Any other circumstances in which City’s interest in achieving economy, efficiency, compatibility or availability in the procurement of the Goods or Services reasonably outweighs the City’s practical need for the highest prevalent standard if the applicable or closed industry or business that supplies the Goods or Services to be delivered under the resulting Contract.