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(1) In addition to the requirements or criteria contained in a bid package or proposal package, or contained in other solicitation documents, any bid, proposal, or other offer or submission may be evaluated in accordance with this Section, including the following factors:

(a) the bidder’s capacity to perform contractual requirements, including whether the bidder has available appropriate financial, material, equipment, facility and personnel resources and expertise, or the ability to obtain them, including without limitation, legal capacity to enter an agreement, the ability to perform within required times, or the ability to perform any necessary future service and maintenance;

(b) the bidder’s ability, skill and quality of performance; and

(c) the bidder’s character, integrity, reputation, judgment, experience and efficiency; and

(d) the bidder’s ability to work cooperatively with the City, including, without limitation, whether the bidder has previously failed to comply with City agreements or other requirements, nonpayment of sums due to the City, poor working relationships with or adversarial actions against the City, suspension, or other proceedings by the City against the bidder, or failure to assist the City in determining responsibility.

(2) The Purchasing Policy Manual may state criteria by which a submission may be evaluated.

(3) The City may inspect, test, and otherwise evaluate any equipment, goods, supplies, services, products, plants, places of business, or other items used in or subject to a City procurement process or City contract. The City may reject any supply, service or other item in connection with such inspection, test or evaluation.

(4) The unreasonable failure of a bidder or offeror to promptly supply information in connection with an inquiry with respect to responsibility may be grounds for a determination of non-responsibility and the basis for rejection of a bid.

(Am 2003-40)