(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 and objectively prepared to permit competition by sealed bids; or
(2) The particular procurement is for high-technology equipment available from a limited number of sources of supply, and for which specifications cannot reasonably be prepared except by reference to the manufacturer’s specifications for the required equipment; or
(3) The Judge/Executive, or his or her designee, determines in writing that favorable conditions permitting contracting by competitive negotiation are present.
(B) When it is determined in writing that competitive negotiation is necessary or appropriate to carry out a particular procurement, competitive negotiations shall commence by advertisement of a request for written proposals (RFP).
(C) The Judge/Executive, or his or her designee, shall determine in writing, based upon individual review, those proposals/offers received from responsible offerors that constitute a reasonable basis for
negotiation. Each such offeror shall be contacted informally and a meeting shall be scheduled for discussion of the offeror’s proposals.
(D) Discussion need not be conducted under the following circumstances:
(1) Where such prices are fixed by law or regulation, except that consideration shall be given to competitive terms and conditions;
(2) Where time of delivery or performance will not permit discussions;
(3) Where it is clear from prior experience with that particular supply, service or construction item, that acceptance of an initial offer without discussion would result in fair and reasonable prices, and the request for proposals notifies all offerors of the possibility that award may be made on the basis of initial offers.
(E) Discussions with bidders shall be held informally, orally, in writing, or both orally and in writing, as determined by the Judge/Executive, or his or her designee, to be most advantageous to the Fiscal Court.
(F) After discussions with all responsible offerors have been concluded and it is determined that no acceptable proposal has been submitted, any or all proposals may be rejected and new proposals may be requested, as provided in these regulations, on the basis of the same or revised terms, or the procurement may be abandoned.
(G) The Judge/Executive, or his or her designee, shall recommend the successful offeror to the Fiscal Court.
(Ord. 120.9, passed 8-24-99; Am. Ord. 121.42, passed 10-27-20)