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An invitation for bids, an RFP, RFQ, or other solicitation may be canceled, or any or all bids or proposals may be rejected in whole or in part as may be specified in the solicitation, when it is for good cause and in the best interests of the City. The reasons therefor shall be made part of the procurement file. Each solicitation issued by the City shall state that the solicitation may be canceled and that any bid or proposal may be rejected in whole or in part for good cause when in the best interests of the City. Notice of cancellation shall be sent to all businesses solicited. The notice shall identify the solicitation, explain the reason for cancellation and, where appropriate, explain that an opportunity will be given to compete on any resolicitation or any future procurement of similar items. Reasons for rejection shall be provided upon request by unsuccessful bidders or offerors. (Ord. 17-14)
A. Generally: Bids, proposals, agreements and related matters shall be evaluated using the criteria in this chapter.
B. City's Evaluation Process: When evaluating matters, the City shall consider the following:
1. Solicitation Criteria: The City shall consider the evaluation criteria stated in a bid or proposal package or other solicitation document.
2. Chapter Criteria: As further described in this chapter, the City shall consider whether a bid, proposal or other offer or submission is responsive to the City's request, whether the bidder or offeror is the lowest responsive responsible bidder, and whether any element conflicts with the other criteria of this chapter.
3. Due Diligence: The City may take steps as it deems appropriate to verify and determine any matter. The City shall determine in its sole discretion what steps may be appropriate in light of the matters being considered and the resources of the City. The failure to discover any matter shall not preclude any subsequent evaluation or action.
4. Records: In the manner it shall determine, the Purchasing Agent, or designee, shall retain in a procurement file records relevant to a solicitation or award.
5. Agreement Management: The City may reevaluate any matter arising under an agreement which is in conflict with its procurement, or with this chapter or City procurement rules. Any previous determination made by the City shall be subject to change by subsequently discovered matters.
C. Evaluating Responsiveness: To be responsive, a bid, proposal or other offer or submission must conform in all material respects to the terms of the City's solicitation documents. Such terms may include, but are not limited to, using bid forms, mandatory submittals, required securities, and appropriate substantive responses. Ministerial errors and other matters in a bid, proposal or other offer or submission will not necessarily render it nonresponsive, and the Purchasing Agent shall review such matters and determine whether the submission is responsive.
D. Evaluating Responsibility: To be responsible, a bidder or offeror must have the capability in all respects to fully perform the agreement requirements, and have the integrity, capacity and reliability which will assure good faith performance.
E. Determining The Lowest Responsive Responsible Bidder: The City shall consider the following factors to determine the lowest responsive responsible bidder:
1. To be responsive, a bid, proposal, or other offer or submission must conform in all material respects to the terms of the City's solicitation documents. Such terms may include, but are not limited to, using bid forms, mandatory submittals, required securities, and appropriate substantive responses. Ministerial errors and other matters in a bid, proposal or other offer or submission will not necessarily render it nonresponsive, and the Purchase Agent, or designee, shall review such matters in determining whether the submission is responsive.
2. To be responsible, a bidder or offeror must have the capability in all respects to fully perform the requirements of the work solicited, and have the integrity, capacity and reliability which will assure good faith performance. The City may consider any relevant factors when evaluating responsibility, including, but not limited to:
a. The bidder's or offeror's capacity to perform the requirements, including whether the bidder or offeror has available appropriate financial, material, equipment, facility and personnel resources and expertise, or the ability to obtain them. Without limitation, capacity may also include legal capacity to enter agreements, the ability to perform within required times, or the ability to perform any necessary future service and maintenance.
b. The bidder's or offeror's ability, skill and quality of performance.
c. The bidder's or offeror's character, integrity, reputation, judgment, experience and efficiency.
d. The bidder's or offeror's ability to work cooperatively with the City, including, without limitation, whether the bidder or offeror has previously failed to comply with City agreements or other requirements, nonpayment of sums due to the City, poor working relationships with or adversarial actions against the City, suspension, debarment or other proceedings by the City against the bidder or offeror, or failure to assist the City in determining responsibility.
F. Making A Determination: The submission of any bid, proposal or other offer or submission constitutes an agreement by the bidder or offeror to reasonably assist the City with its determination of responsibility.
G. Effect Of Determination: The City's determination of responsibility relates solely to a bidder's overall ability to perform for a specific procurement, and is not a general assessment of a bidder's capabilities.
H. Evaluating Specific Matters: For any bid, proposal, other offer or submission:
1. Joint Ventures: A joint venture may submit a bid, proposal or other offer or submission if the circumstances of the joint venture are acceptable to the Purchasing Agent, or designee. The joint venture must obtain this determination before an agreement may be signed.
2. Consultants: Persons who have provided services to the City in connection with a bid, proposal or other offer or submission, such as by preparing specifications or designs, performing surveying or testing, or any other function, may participate in a subsequent solicitation and award except when a Purchasing Agent, or designee, determines it would not be in the City's interest. Such a determination and the written basis for decision will be placed in the procurement file.
3. Multiple Or Alternate Bids, Proposals Or Other Submissions: Multiple or alternate bids, proposals or other offer or submissions will not be considered or accepted unless they have been solicited. A base bid or proposal, when clearly indicated, shall be considered as though it was the only bid or proposal. Multiple or alternate bids may be solicited as provided in the "Municipal Procurement Handbook".
4. No Dependent Bids: Bid, proposal and other offer or submission materials and prices must stand alone and not be dependent on the submission of another person.
5. Tie Bids: Tie bids occur when identical prices are submitted from responsive and responsible bidders and that price is the low bid. The Purchasing Agent, or designee, shall make an award in a manner that is beneficial to the City, and may make an award in a manner that will discourage tie bids. Such manners may include:
a. Award to the person farthest from the point of delivery.
b. Award to the person who previously held the agreement.
c. Award to the person with the earliest delivery date.
6. Only One Received: If the City receives only one (1) responsive bid, proposal or other offer or submission, the City may make an award to that bidder or offeror if the Purchasing Agent, or designee, determines the bid, proposal or other offer or submission is fair and reasonable and conforms to all applicable requirements, and that other prospective bidders or offerors had reasonable opportunity to respond or that there is not adequate time for a resolicitation. The written determination and basis for decision shall be placed in the procurement file. The City may also reject the sole bid, proposal or other offer or submission.
I. Inspections And Tests: The City may perform inspections, tests and other evaluations in any manner conducive to the City's interest, including, without limitation, the use of third parties. All prospective and actual recipients of a City agreement shall provide all reasonable assistance and information required by the City to perform an inspection, test or other evaluation.
J. Modifying Submissions: After the time for submission, a bid, proposal or other offer or submission may be modified as follows:
1. Confirmation Of Bid, Proposal Or Other Matter: When it appears a mistake has been made, or when the City desires an assurance of any matter, the City may request a bidder or offeror to confirm the bid, proposal or other offer or submission in writing.
2. Notification Of Error: A bidder or offeror shall notify the Purchasing Agent, or designee, of any error contained in a bid, proposal or other offer or submission within two (2) business days after bid opening or the time for submitting proposals unless the Purchasing Agent, or designee, waives this requirement. The Purchasing Agent, or designee, shall have sole discretion to determine whether to permit any modification or withdrawal.
3. Modifications By Agreement: The Purchasing Agent, or designee, may agree with a bidder or offeror to any modifications so long as they do not prejudice fair competition or the City's interests. Modifications may include such matters as:
a. Time For Accepting: The Purchasing Agent, or designee, and bidder or offeror may agree that a bid, proposal or other offer or submission will remain effective for a longer period of time than that stated in the bid, proposal or other offer or submission.
b. Subcontractor Or Supplier Changes: Any proposed change in subcontractors or suppliers must be submitted to the Purchasing Agent, or designee, and the Purchasing Agent, or designee, may reject any such proposed change. The bidder or offeror will receive no additional compensation as a result of a change to any subcontractors or suppliers, and must continue to meet the requirements of any contractual and legal requirements.
c. Change In Specifications: The Purchasing Agent, or designee, and bidder or offeror may agree to a change in specifications when such change is in the City's interest, is reasonably related to the work originally solicited, and would not be prejudicial to fair competition.
4. City's Correction Of Ministerial Mistakes: The Purchasing Agent, or designee, may at any time correct mistakes in a bid or proposal that are of a ministerial or minor nature as follows:
a. Ministerial Mistakes: Ministerial or minor informalities are clerical errors and matters of form rather than substance that are evident from the document, or insignificant mistakes or informalities that can be waived or corrected without prejudice to other bidders or offerors. They generally do not have a substantial effect on price. Examples include a failure to:
(1) Sign the bid, proposal, or other submissions requiring signature, but only where they are accompanied by other materials indicating an intent to be bound.
(2) Acknowledge receipt of an addendum, but only if the materials demonstrate the bidder or offeror received the addendum and intended to be bound by it, or the addendum has a negligible effect on the bid, proposal or other offer or submission.
b. Mistakes Where Intent Is Evident: If the intent of the bid, proposal or other offer or submission is clearly evident on the face of the document, the Purchasing Agent, or designee, shall correct it as intended and it may not be withdrawn. Examples include:
(1) Typographical errors.
(2) Errors in extending unit prices.
(3) Transposition errors.
(4) Arithmetical errors.
(5) Differences in written and numerical prices (written shall control).
c. Mistakes Where Intent Not Evident: If the bidder or offeror's intent is not clearly evident on the face of the document, the bid, proposal or other offer or submission may not be withdrawn except as agreed by the Purchasing Agent, or designee.
5. Correcting Errors In Judgment: Errors in judgment may not be corrected, and the bid, proposal or other offer or submission may not be withdrawn, except as agreed by the Purchasing Agent, or designee. The Purchasing Agent, or designee, may allow correction of an error in judgment if it can be done without prejudice to other bidders or offerors. The Purchasing Agent, or designee, may allow withdrawal if it is in the City's interest.
K. Evaluating Cost Or Price: The City may require the submission of any cost, price or value data, and may evaluate such data in any manner determined by a Purchasing Agent, or designee. Such evaluation may include an analysis of life cycle costs, market pricing, rebates or discounts, direct costs, indirect cost allocations, profit, billing and accounting techniques, price balance among bid or proposal items, or any other matters relating to cost, price or value. The City may take any of the following actions in connection therewith:
1. Reject Bid Or Proposal: The City may reject any unbalanced bid, proposal or offer. The City may also reject any bid, proposal or offer where cost, price or value data is not provided as reasonably requested, or where such data indicates conditions that are not in the City's interest.
2. Audit: At reasonable times and places, the City may audit or cause to be audited the books and records of any person submitting cost or price data to determine whether they are reasonable and accurate, and in compliance with any other requirements. (Ord. 17-14)
A. Determination Of Nonresponsibility: If a bidder or offerer who otherwise would have been awarded an agreement is found nonresponsible, a written determination of nonresponsibility, setting forth the basis of the finding, shall be prepared by the Purchasing Agent, or designee. The unreasonable failure of a bidder or offeror to supply promptly information in connection with an inquiry with respect to responsibility may be grounds for a determination of nonresponsibility with respect to such bidder or offeror. A copy of the determination shall be sent promptly to the nonresponsible bidder or offeror. The final determination shall be made part of the agreement file and be made public record.
B. Right Of Nondisclosure: Prior to award of the bid, information furnished by a bidder or offeror pursuant to this section shall not be disclosed by the City, without prior written consent by the bidder or offeror, unless otherwise required by law. (Ord. 17-14)
A. Required Submissions Relating To The Award Of Contracts: A prospective contractor shall submit cost or pricing data when the agreement is expected to exceed one hundred thousand dollars ($100,000.00) and is to be awarded by competitive sealed proposals (section 3.10.090, "Competitive Sealed Proposals", of this chapter), or by sole source procurement authority (section 3.10.130, "Sole Source Procurement", of this chapter).
B. Exceptions: The submission of cost or pricing data relating to the award of an agreement is not required when:
1. The agreement price is based on adequate price competition;
2. The agreement price is based on established catalog prices or market prices;
3. The agreement price is set by law or regulation; or
4. It is determined in writing by the Purchasing Agent, or designee, that the requirements of subsection A, "Required Submissions Relating To The Award Of Contracts", of this section, may be waived, and the determination states the reasons for such waiver.
C. Required Submissions Relating To Change Orders Or Agreement Modifications: A contractor shall submit cost or pricing data prior to the pricing of any change order or agreement modification, including adjustments to agreements awarded by competitive sealed bidding, whether or not cost or pricing data was required in connection with the initial pricing of the agreement, when the change or modification involves aggregate increases or aggregate decreases in costs plus applicable profits that are expected to exceed one hundred thousand dollars ($100,000.00).
D. Exceptions: The submission of cost or pricing data relating to the pricing of a change order or agreement modification is not required when:
1. Unrelated and separately priced adjustments for which cost or pricing data would not be required are consolidated for administrative convenience; or
2. It is determined in writing by the Purchasing Agent, or designee, that the requirements of subsection C, "Required Submissions Relating To Change Orders Or Agreement Modifications", of this section, may be waived, and the determination states the reasons for such waiver.
E. Certification Required: A contractor, actual or prospective, required to submit cost or pricing data in accordance with this section, shall certify that, to the best of its knowledge and belief, the cost or pricing data submitted was accurate, complete, and current as of a mutually specified date prior to the award of the agreement or the pricing of the change order or agreement modification.
F. Price Adjustment Provision Required: Any agreement award, change order, or agreement modification under which the submission and certification of cost or pricing data are required shall contain a provision stating that the price to the City, including profit or fee, shall be adjusted to exclude any significant sums by which the City finds that such price was increased because the contractor furnished cost or pricing data was inaccurate, incomplete, or not current as of the date agreed upon between the City and the contractor. (Ord. 17-14)
A cost analysis or a price analysis, as appropriate, shall be conducted prior to award of the agreement other than one awarded under section 3.10.080, "Competitive Sealed Bids", of this chapter. A written record of such cost analysis or price analysis shall be made a part of the procurement file. (Ord. 17-14)
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