(a) Council shall have the right to reject any or all bids or offers, reject a bid or offer not accompanied by a required bid security or by other data or information required by the applicable request for bids or request for proposals, or reject a bid or offer which is in any way incomplete or irregular.
(b) Council shall have the right to waive informalities and/or irregularities in a bid or offer provided, in Council's determination, such informalities and/or irregularities did not provide the bidder or offeror with an unfair advantage over other bidders/offerors.
(c) In determining which bidder/offeror has submitted the lowest and best bid/offer, Council may consider, without limitation:
(1) A bidder/offeror's experience;
(2) A bidder/offeror's financial condition, including performance and bid bond capacity, and the correlation between the amount and size of the project to the financial ability and size of the bidder/offeror;
(3) A bidder/offeror's conduct and performance on previous contracts with either the City or another governmental entity;
(4) A bidder/offeror's facilities, management skills, and ability to execute the contract properly;
(5) The amount of work expected to be subcontracted by the bidder/offeror.
(6) The amount of the bid/offer in relation to any architect's or engineer's estimate;
(7) A bidder/offeror's history of submitting artificially low bids or offers to secure contracts and then failing to complete work, demanding change orders and/or filing delay claims, or any other factors indicating a practice of “low-ball” bids/offers;
(8) A bidder/offeror's history of threatening or filing litigation to resolve contract disputes with governmental entities; or
(9) A bidder/offeror's integrity, reputation, judgment and efficiency.
(Ord. 03-23. Passed 7-1-03; Ord. 2011-04. Passed 2-15-11; Ord. 2015-33. Passed 10-20-15.)