2.541 Rejection of Individual Bids or Proposals.
(1) General. This section applies to rejections, in whole or in part, of individual bids or proposals. In accordance with ORS 279B.100 and 279C.395, the City may reject in whole or in part, any bid not in compliance with all prescribed bidding procedures and requirements, and may reject for good cause any bid or proposal upon a written finding of the person authorized to award the contract that it is in the public interest to do so. No bid shall be considered unless the bid security, properly executed, has been submitted with the bid as required by the bid documents.
(2) Reasons for Rejection. Reasons for rejecting a bid include but are not limited to:
(a) The bidder has not prequalified under ORS 279B.120, or has been disqualified under ORS 279B.130 or 279C.860; or
(b) The bidder has been declared ineligible by the Commissioner of the Bureau of Labor and Industries under ORS 279C.860; or
(c) The bid is not responsive, that is, it does not conform in all material respects to bid document requirements, including all prescribed public bidding procedures and requirements; or
(d) The supply, service, or construction item offered in the bid is unacceptable by reason of its failure to meet the requirements of the bid documents or permissible alternates or other acceptability criteria set forth in the bid documents; or
(e) The bidder is not capable of satisfying the terms and conditions of the public contract in a timely manner due to financial incapacity, inability to obtain bonding, loss of license, or other objective cause; or
(f) Other circumstances of the particular bid, proposal, or bidder indicate that acceptance of the bid would impair the integrity of the selection process or result in an imprudent contract by the City.
(3) Form of Business Entity. The corporate or business form of bidders shall be subject to scrutiny, so that previously disqualified bidders, or their officers and directors, may not by subterfuge, change of apparent ownership, or other adjustments in formal appearance, avoid application of any disqualification provisions of ordinance or statute.