(A) Competitive negotiations may be used for a procurement when:
(1) The particular procurement is of such a complex nature or includes such technical detail that specifications cannot be fairly objectively prepared to permit competition by sealed bids.
(2) The particular procurement is for high technology equipment available from a limited number of sources of supply and for which specifications cannot practically be prepared except by reference to the specifications of the equipment of a single source of supply.
(3) The Mayor determines in writing that conditions permitting contracting by competitive negotiation pursuant to KRS 45A.370 and KRS 45A.375 exist.
(B) When the Mayor determines in writing that competitive negotiation is necessary to carry out a particular procurement, competitive negotiations shall commence by advertisement of a request for written proposals as provided in KRS 45A.370.
(C) A request for proposals shall include:
(1) A request by the local government for proposals pursuant to KRS 45A.370 and 45A.375.
(2) A statement of the work required.
(3) Desired performance schedule.
(4) Available government-furnished property, if any.
(5) Applicable provisions to be included in the contract if awarded.
(6) Criteria that will be used to evaluate proposals received.
(7) Where and how detailed specifications may be obtained.
(8) Required time and place for submission of offers.
(D) All written proposals received by the Mayor in response to a request for proposals shall be kept secure and unopened until the date and time set for opening.
(1) Proposals not clearly marked as such on the envelope in which proposal is submitted may be opened for identification purposes, appropriately identified and resealed until the time for opening proposals.
(2) Proposals shall be opened on the date and at all time set for opening.
(3) Proposals for competitive negotiations shall not be subject to public inspection until negotiations between the city and all offerers have been concluded a contract awarded.
(E) The Mayor shall examine each written proposal received for general conformity with the advertised terms of the procurement.
(1) The Mayor shall determine in writing based upon individual review, those proposals received from responsible offers that constitute a reasonable basis for negotiation. Each such offerer shall be contacted informally and a meeting scheduled for discussion of the offerers' proposals.
(2) Discussions need not be conducted under the circumstances of or relative to the topics enumbered in KRS 45A.370(3)(a)(b)(c).
(3) Discussion with offerers shall be held informally orally, in writing, or both orally and in writing, as determined by the Mayor to be most advantageous to the city.
(4) If, after discussion with all responsible offerers have concluded, it is determined that no acceptable proposal has been submitted, any or all proposals may be rejected and, in the discretion of the Mayor, new proposals may be requested as provided in this regulation on the basis of the same or revised terms, or the procurement may be abandoned.
(F) The Mayor shall prepare a written summary of all oral discussions in competitive negotiations setting forth the date or dates of discussions with all responsible offerers and the general substance of the discussions. Verbatim records of the discussion shall not be required.
(Ord. 79-336, passed - -)