Part 9 — RESPONSIBLE BIDDER

A.

This Part 9 of Chapter 27.10 sets forth how the City will determine that a Contractor bidding on a Major Public Works Contract is not responsible.

B.

This Part 9 of Chapter 27.10 does not apply to the prequalification of Contractors under Chapter 27.16 or to the debarment of a Contractor under Chapter 4.10 of Title 4.

(Ord. 30308.)

The Council will make the final decision regarding whether a bidder on a Major Public Works Contract is responsible.

(Ord. 30308.)

A.

If a bidder's responsibility is at issue, the Director will make a written recommendation to the Council regarding the matter.

B.

The Director must include supporting evidence with any recommendation that a bidder is not responsible.

C.

The Director may include the written recommendation as part of the Council memorandum on the matter.

D.

The Director will provide a copy of any recommendation regarding the responsibility of a bidder to any protestor(s) and to all bidders.

(Ord. 30308.)

The following information is relevant to determining if a bidder is responsible:

A.

The bidder's performance on other contracts, including other City contracts;

B.

The bidder's record of compliance with relevant laws and regulations, such as laws related to contractor licensing, labor laws related to employee compensation and benefits, and laws related to the submission of false claims;

C.

The bidder's record of business integrity;

D.

The bidder's management expertise, technical qualifications, and experience;

E.

The bidder's demonstrated financial resources;

F.

The lack of responsibility of one or more of the subcontractors listed by the bidder; and

G.

Any ground for debarment in Section 4.10.150 of the San José Municipal Code.

(Ords. 30308, 31237.)

A.

The Director will notify a bidder, in writing, of a proposed finding that the bidder is not responsible.

B.

The Director's notice of non-responsibility will include a summary of the evidence forming the basis of the proposed finding.

C.

The Director may include the notice of non-responsibility as part of the notice of intended determination issued in accordance with Part 5 of this Chapter 27.10.

(Ord. 30308.)

A bidder receiving a notice of non-responsibility has the right to request, in writing, that the Director conduct a "responsibility" hearing on the issue of the bidder's responsibility.

(Ord. 30308.)

A.

If the notice of non-responsibility is included in a notice of intended determination, then the bidder must request a "responsibility" hearing as part of a response made in accordance with Part 7 of this Chapter 27.10.

B.

In all circumstances other than those addressed in Subsection A, the bidder must request a "responsibility" hearing within 5 Business Days of the date of the notice of non-responsibility.

(Ord. 30308.)

The bidder waives its right to a "responsibility" hearing by failing to timely request such hearing.

(Ord. 30308.)

If the bidder timely requests a "responsibility" hearing, the Director will conduct the hearing before making a recommendation to the Council.

(Ord. 30308.)

The Director will conduct the "responsibility" hearing in accordance with the following.

A.

The Director will give the bidder written notice of the day, time and place of the hearing.

B.

The Director will give the bidder a reasonable opportunity at the hearing to demonstrate it is a responsible bidder.

C.

The Director will conduct the hearing in an informal manner. Formal rules of evidence will not apply.

D.

The Director may establish reasonable hearing procedures, including placing reasonable time restrictions on the submission of documents and other evidence, and on the length of the hearing.

(Ord. 30308.)