When bids received pursuant to an Invitation for Bids under § 7-305 are unreasonable, or are not independently reached in open competition, or the low bid exceeds available funds as certified by the appropriate fiscal officer, and it is determined in writing by the Procurement Director that time or other circumstances will not permit the delay required to resolicit competitive sealed bids, a contract may be negotiated pursuant to this section, provided that:
(1) Each responsive/responsible bidder, who submitted a bid under the original solicitation, is notified of the determination and is given reasonable opportunity to negotiate;
(2) The negotiated price is lower than the lowest rejected bid by any responsive/responsible bidder under the original solicitation;
(3) The negotiated price is the lowest negotiated price offered by any responsive/responsible bidder.
(Ord. 3704, passed 6-17-2003; Ord. 5051, passed 1-22-2019)