§ 18-263. Responsive and nonresponsive bids or proposals.  


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  • (a)

    Responsive; compliance with requirements. If the coordinator determines that a bid or final project-specific proposal in the case of a competitive selection process meets the project goal, or that the bidder or proposer has shown adequate good faith efforts as required by section 18-261, then the coordinator shall notify the procurement officer and department head to regard the bid or proposal as responsive under with this division.

    (b)

    Failure to meet requirements. If the coordinator determines that a bid or proposal does not meet the project goal and that the bidder or proposer has failed to show good faith efforts as required by section 18-261, or that the bidder or proposer has failed to provide timely documentation as required by section 18-262, then the coordinator shall notify the procurement officer and department head to regard the bid or proposal as non-responsive, and no further consideration shall be given by the unified government to the bid or proposal.

    (c)

    Informal meeting. If the coordinator finds the bid or proposal non-responsive in accordance with subsection (b) above for failure of the bidder or proposer to show adequate good faith efforts, the non-responsive bidder or proposer may request an informal meeting with the coordinator within two working days from the date that the unified government notifies the bidder or proposer of the inadequacy of good faith efforts. The coordinator shall meet with the non-responsive bidder or proposer before notifying the procurement officer and department head that the bid or proposal is non-responsive. All deficiencies in the good faith efforts shall be explained to the bidder or proposer at such meeting after which the bidder or proposer shall be allowed an additional 24 hours in which to submit additional information or to clarify the original good faith efforts. The coordinator will at no time, however, allow joint venturers, subcontractors, or suppliers not listed on the contractor utilization plan to be counted toward meeting the project goal for the purpose of making the bid or proposal responsive. If after this informal meeting or the expiration of the 24-hour period to submit additional information, the coordinator still finds the bid or proposal to be non-responsive, the coordinator shall make the notification as stated in subsection (b) above.

(Ord. No. O-17-09, § 1(18-163), 2-19-2009)