Sec. 28-26. Rejection of individual bids, proposals, quotations or statements of qualifications.

   (a)   A bid may be rejected if:

   (i)   The bidder is determined to be nonresponsible pursuant to section 28-27 (Responsibility of bidders, offerors and respondents);

   (ii)   The bid is nonresponsive in accordance with section 28-17 (competitive sealed bidding);

   (iii)   The proposed price exceeds available funds or is unreasonable; or

   (iv)   It is otherwise not advantageous to the city.

   (b)   A proposal, statement of qualifications, or reverse auction bid may be rejected if:

   (i)   The person responding to the solicitation is determined to be nonresponsible pursuant to section 28-27 (responsibility of bidders, offerors and respondents); or

   (ii)   It is unacceptable;

   (iii)   The proposed price exceeds available funds or is unreasonable; or

   (iv)   It is otherwise not advantageous to the city.

   (c)   The reasons for rejection shall be made a part of the procurement file and shall be available for public inspection.

(Ord. No. 10404, § 1, 5-15-07; Ord. No. 11296, § 1, 8-5-15)

Sec. 28-27. Responsibility of bidders, offerors and respondents.

   Sec. 28-27(1). Findings of nonresponsibility. If a bidder, offeror or respondent who otherwise would have been awarded a contract is found nonresponsible, a written finding of nonresponsibility, setting forth the basis of the finding, shall be prepared by the contract officer. The unreasonable failure of a bidder, offeror or respondent to promptly supply information in connection with an inquiry with respect to responsibility may be grounds for a finding of nonresponsibility with respect to such bidder or offeror. The written finding shall be made part of the contract file and be made a public record.

   Sec. 28-27(2). Right of nondisclosure. Confidential information furnished by a bidder, offeror or respondent in response to an inquiry of responsibility pursuant to this section shall not be disclosed by the city outside of the department, using agency, or individuals involved in the evaluation process without prior written consent by the bidder, offeror or respondent. Confidential information shall be identified and managed in accordance with section 28-5.

   Sec. 28-27(3). Factors. Factors to be considered in determining if a prospective contractor is responsible include:

   (a)   The proposed contractor's financial, physical, personnel or other resources, including subcontracts;

   (b)   The proposed contractor's record of performance and integrity;

   (c)   Whether the proposed contractor is qualified legally to contract with the city; and

   (d)   Whether the proposed contractor supplied all necessary information concerning its responsibility.

   Sec. 28-27(4). Responsibility criteria. The contract officer may establish specific responsibility criteria for a particular procurement. Any specific responsibility criteria shall be set forth in the solicitation.

(Ord. No. 10404, § 1, 5-15-07; Ord. No. 11296, § 1, 8-5-15)

Sec. 28-28. Bid and contract security, material or service contracts.

The director may require the submission of security to guarantee faithful bid and contract performance. In determining the amount and type of security required for each contract, the director shall consider the nature of the performance and the need for future protection to the city. The requirement for security must be included in the invitation for bids, invitation for reverse auction bids or request for proposals. Failure to submit security in the amount and type of security required may result in the rejection of the bid or proposal.

(Ord. No. 10404, § 1, 5-15-07)