(A) LOWEST RESPONSIBLE BIDDER. Contracts shall be awarded to the lowest responsible bidder. In determining the lowest responsible bidder, in addition to price, there shall be considered:
(1) The ability, capacity and skill of the bidder to perform the contract.
(2) Whether the bidder can perform the contract within the time specified, without delay or interference.
(3) The character, integrity, reputation, judgment, experience and efficiency of the bidder. When considering the character, integrity and reputation of the bidder the City Council or its delegate may consider any past conduct of the bidder which the City Council or its delegate in the exercise of their discretion determines is evidence of poor character, integrity or reputation sufficient to conclude that award of the contract to the low bidder is not in the best interest of the citizens of Unalaska. This would include past instances in which the bidder has submitted grossly inflated claims for additional compensation for work done on a city project either as a subcontractor or as a general contractor and past conduct of the bidder in meetings with city employees or consultants.
(4) The quality of performance of previous contracts. In considering the quality of performance of previous contracts the City Council or its delegate may consider any of the following factors:
(a) Whether contracts were completed on time.
(b) Whether the bidder promptly corrected defective work.
(c) Whether the bidder fully performed the contract including submission of as-built drawings.
(d) The number and validity of claims for additional compensation submitted by the bidder.
(e) The conduct of the bidder during meetings with city employees and consultants.
(f) Previously completed evaluations of bidder performance by any city department.
(5) The previous and existing compliance by the bidder with laws and ordinances relating to the contract.
(6) The sufficiency of the financial resources and ability of the bidder to perform the contract.
(7) The number and scope of conditions attached to the bid.
(8) Whether there are any unresolved claims between the bidder and the City under any existing city contract in which the bidder is either a general contractor or a subcontractor. Unresolved claims alone may be a sufficient basis for an award to other than the low bidder.
(B) AWARD TO OTHER THAN LOW BIDDER. When the award is given to other than the lowest bidder, a full and complete written statement of the reasons therefore shall be delivered to the unsuccessful low bidder or bidders and filed with the other papers relating to the transaction. The minutes of the Council relating to the matter may be used as the required written statement.
(Am. Ord. 2014-23, passed 9-9-14)