Part 5 — NOTICE OF INTENDED DETERMINATION

Part 5 of this Chapter 27.10 addresses giving notice of what action the Director will take after opening bids for Major Public Works Contracts procured by Public Bidding.

(Ord. 30308.)

A.

Within a reasonable time after opening bids, the Director will post a notice of intended determination and give bidders notice of the posting.

B.

The Director will determine the manner of posting the notice and of giving bidders notice of the posting.

(Ord. 30308.)

The notice of intended determination will state which of the following actions the Director intends to take:

A.

Reject all bids and take no further action or re-advertise for new bids;

B.

Make a recommendation to the Council regarding the award of the contract, in which case the notice also must include to which bidder the Director intends to recommend awarding the contract;

C.

Award the contract in accordance with the authority delegated in Sections 27.04.060.B of Chapter 27.04 or 27.10.560 of Chapter 27.10, in which case the notice also must include to which bidder the Director intends to award the contract; or

D.

Any other proper action the Director will take in response to the bids.

(Ord. 30308.)

In addition to the requirements of Section 27.10.190, the notice of intended determination must include the following information whenever the Director's intended action is other than rejecting all bids:

A.

The time and date when the Director intends to make the award, or when the Council will consider the Director's recommendation, whichever is applicable;

B.

Any determination that a bid is non-responsive and the basis for that determination;

C.

Any determination that a bidder is not responsible, and a summary of the evidence supporting that determination;

D.

The location where, and the person to whom, bid protests and responses to bid protests must be submitted, and a general statement of the procedures and time requirements for submitting bid protests and responses to bid protests; and

E.

Any other information the Director deems appropriate.

(Ord. 30308.)