Spokane Municipal Code

Title 07 Finance

Chapter 07.06 Procurement of Goods, Services and Works

Article VIII. Bidder Responsibility

Section 07.06.520 Supplemental Bidder Responsibility Criteria

1. In addition to mandatory bidder responsibility criteria set forth in SMC 7.06.500, the low responsible bidder shall also be responsible for meeting the City’s supplemental bidder responsibility criteria. Evidence of compliance with the City’s supplemental responsibility criteria shall be requested from the lowest bidder on a Public Works project. If the lowest bidder is subsequently disqualified, then the next lowest bidder shall submit evidence of compliance with the City’s supplemental bidder responsibility criteria. The City reserves the right to request evidence of compliance with the City’s supplemental bidder responsibility criteria from additional bidders should the two (2) lowest bidders fail to meet the supplemental bidder responsibility criteria as set forth in the call for bids.

2. The following supplemental bidder responsibility criteria describe the relevant experience, training, and/or certification requirements or qualifications that the City shall consider before award of contract. In making a determination above the contractor, the City shall consider:

   1. Work Experience and Company Reputation

      1. Company History
         Whether the bidder is a reputable person / company / legal entity in order to gainfully win public contract awards with the City of Spokane.

      2. Work Experience 
         Whether the bidder meets project specific criteria, including work experience, as added by each department based on the unique qualities of a particular public works project.

      3. Performance Evaluations
         Whether under past or present names the bidder has received “deficient” or “inadequate” performance evaluations on two (2) or more contracts from the City or other municipalities or another governmental agency on a Public Works project within the last five (5) years.

      4. References
         The City reserves the right to check references, whether identified by the bidder or not, on all bidders, including using itself as a reference in applicable situations.

   2. Record of debarment/disqualification
      Whether the bidder (including the primary contractor, or any firm with which any of the primary contractor’s owners, officers, or partners was associated) has been debarred, disqualified, removed or has been otherwise prevented from bidding on, or completing any governmental agency or Public Works projects, including debarment by the federal, state or other municipal governmental during the last five (5) years.

   3. Safety
      In the last five (5) years the bidder shall not have a history of willful or repeat violations of safety or health regulations by OSHA or other agencies responsible for safety oversight.

   4. Environmental Regulations
      In the last five (5) years, the bidder shall not have a history of serious citations from environmental enforcement agencies on projects for which the bidder was the contractor.

   5. Utilization Requirements
      In the last five (5) years, it has been determined by a government agency that the bidder did not comply with disadvantaged business enterprises, apprenticeship or other similar utilization requirements on Public Works projects.

   6. Discrimination
      Whether the bidder has been found guilty of violating or failing to comply with discrimination laws.

   7. Prevailing Wage 
      Whether in the last previous five (5) years the bidder has a pattern of prevailing wage violations as determined by the applicable state or federal government agency monitoring prevailing and/or Davis Bacon wage compliance, unless there are extenuating circumstances acceptable to the City.

   8. Public Bidding Crimes (Criminal Convictions)
      Whether the bidder has been convicted of a crime involving bidding on a Public Works contract within the previous five (5) years.

   9. Claims against Retainage or Bonds
      Whether the bidder has a record of multiple claims filed against the retainage or payment bonds for Public Works projects during the previous three (3) years that demonstrate a lack of effective management by the bidder of making timely and appropriate payments its subcontractors, suppliers and workers, unless there are extenuating circumstances acceptable to the City.

   10. Termination for Cause
       Whether the bidder has had any Public Works contract terminated for cause by a government agency during the previous five (5) years unless there are extenuating circumstances acceptable to the City in its sole discretion.

   11. Litigation
       Whether the bidder has lawsuits (or arbitrations for those instances where arbitration is completed in lieu of a lawsuit) with judgments entered against the bidder within previous five (5) years that demonstrate a pattern of failing to meet the terms of contracts, unless there are extenuating circumstances acceptable to the City in its sole discretion.

   12. Delinquent State Taxes
       Whether the bidder owes delinquent taxes to the Washington Department of Revenue without a payment plan approved by the department of revenue before the date of award.

   13. Labor Standards Violations
       Whether the bidder has been found guilty of violating or failing to comply with local, state, or federal labor laws or standards.

Date Passed: Monday, March 12, 2018

Effective Date: Saturday, April 21, 2018

ORD C35602 Section 2