(A) Competitive negotiations may be used for a procurement under the following conditions:
(1) The particular procurement is of such a complex nature or includes such technical detail that specifications cannot be fairly and 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 city determines, in writing, that the conditions permitting contracting by competitive negotiation pursuant to KRS 45A.370 and KRS 45A.375 exist.
(B) When the city 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. A request for proposals shall include the following:
(1) A request by the city for proposals pursuant to KRS 45A.370 and KRS 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; and
(8) Required time and place for submission of offers.
(C) All written proposals received by the city 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 the 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 the time set for opening.
(3) Proposals for competitive negotiations shall not be subject to public inspections until negotiations between the city and all offerors have been concluded and a contract is awarded.
(D) The city shall examine the written proposals received for general conformity with the advertised terms of the procurement.
(1) The city shall determine in writing, based on individual review, those proposals received from responsible offerors that constitute a reasonable basis for negotiation. Each offeror shall be contacted informally and a meeting scheduled for discussion of the offeror’s proposals.
(2) Discussions need not be conducted under the circumstances of or relative to the topics enumerated in KRS 45A.370(3)(a), (b), and (c).
(3) Discussions with offerors shall be held informally orally, in writing, or both orally and in writing, as determined by the city to be most advantageous to the city.
(4) If, after discussions with all responsible offerors 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 city, new proposals may be requested as provided in this article on the basis of the same or revised terms, or the procurement may be abandoned.
(E) The city shall prepare a written summary of all oral discussions in competitive negotiations setting forth the date or dates of discussions with all responsible offerors and the general substance of the discussions. Verbatim records of the discussion shall not be required.
Statutory reference:
Competitive negotiations, see KRS 45A.370, 45A.375