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5.33.205 Multi-Step Sealed Bidding.

(Amended by Ordinance Nos. 185065 and 185898, effective February 20, 2013.)

A. General.  The City may use multi-step Competitive Sealed Bidding  pursuant to ORS 279B.055(12).

B. Phased Process. Multi-step Bidding is a phased Procurement process which seeks necessary information or un-priced submittals in  phase one combined with regular competitive sealed Bidding, inviting Offerors who submitted technically eligible submittals in  phase one, to submit competitive sealed price Bids in phase two.  The Contract must be Awarded to the lowest Responsible Bidder. 

C.  Public Notice.  When the City uses multi-step sealed Bids for Contracts over $150,000, Public Notice for  phase one shall be given in accordance with Section 5.33.300.  Public Notice is not required for phase two.  However, the City shall give notice of subsequent phases to all Bidders and inform Bidders of the right to protest Addenda issued after the initial Closing pursuant to Section 5.33.430 and inform Bidders excluded from the subsequent phases of the right, if any, to protest their exclusion pursuant to Section 5.33.720.

D.  Procedures Generally.  In addition to the procedures set forth in Sections 5.33.300 through 5.33.340, the City shall use the procedures set forth in this rule for multi-step Bidding and in the Invitation to Bid.

E.  Procedure for Phase One of Multi-Step Sealed Bidding.

1.  Form. The City shall initiate multi-step sealed Bidding by issuing an Invitation to Bid in the form required for competitive sealed Bids except as provided in this rule. In addition to the requirements of Subsection 5.33.200 B., the multi-step Invitation to Bid must state:

a.  That the solicitation is a multi-step sealed Bid Procurement and describe the process the City will use to conduct the Procurement;

b.  That the City requests un-priced submittals and that the City will consider priced Bids only in phase two and only from those Bidders whose un-priced submittals are found eligible in phase one;

c.  Whether Bidders must submit priced Bids at the same time as un-priced submittals and, if so, that Bidders must submit the priced Bids in a separate sealed envelope; and

d.  The criteria to be used in the evaluation of un-priced submittals;

2.  Evaluation. The City shall evaluate un-priced submittals in accordance with the criteria set forth in the Invitation to Bid.

F.  Revisions to Solicitation Specifications. After Closing of phase one, the City  may issue Addenda that modify the Specifications for the Goods or Services being procured or that modify other terms and conditions of the Invitation to Bid. The City shall provide such Addenda to all Bidders who initially submitted un-priced technical Bids. The City may then require Bidders to submit revised un-priced technical Bids.

G.  Procedure for Phase Two.

1.  After the completion of Phase One, if the City does not cancel the Solicitation, the City shall invite each eligible Bidder to submit a priced Bid.

2.  Conduct. Phase Two shall be conducted as any other competitive sealed Bid Procurement except:

a.  as specifically set forth in this rule or the Invitation to Bid; and

b.  no public notice need be given of the invitation to submit priced Bids because such notice was previously given.