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ARTICLE II. PROCUREMENT AUTHORITY
A. The mayor shall designate a chief procurement officer, who shall be a person with demonstrated ability in public or comparable private procurement, and who shall serve as the city's officer for the purchase of operational supplies and services except as assigned in this code to other departments or divisions. The chief procurement officer shall have the authority to review all actions taken by the city with respect to the procurement of operational supplies and services, and to determine appropriate procurement actions. In addition, the chief procurement officer shall have the following duties:
1. Procure or supervise the procurement of all operational supplies and services needed by the city or any of its departments or divisions in accordance with this chapter; and
2. Propose rules for adoption by the mayor to govern the management and operation of the city's purchasing function for all kinds of supplies and services, except that rules relating to construction related supplies and services shall be proposed by the city engineer, and shall be approved by both the city engineer and the chief procurement officer prior to adoption by the mayor.
B. The city engineer is the city's officer for the purchase of construction related supplies and services except as assigned in this code to other departments or divisions. The city engineer shall have the authority to review all actions taken by the city with respect to the procurement of construction related supplies and services, and to determine appropriate procurement actions. In addition, the city engineer shall have the following duties under this chapter:
1. Procure or supervise the procurement of construction related supplies and services needed by the city or any of its departments or divisions in accordance with this chapter; and
2. Propose rules relating to the management and operation of the city's purchasing function for construction related supplies and services, which shall be approved by both the city engineer and the chief procurement officer prior to adoption by the mayor. (Ord. 64-97 § 2, 1997)
With the approval of the mayor, the chief procurement officer and the city engineer, in their respective areas of authority, may each delegate in writing any authority granted under this chapter to designees, or to any department or division, as each shall deem prudent and appropriate. They may also make delegations of authority in case of emergency, absence or incapacity as each shall deem prudent and appropriate. (Ord. 64-97 § 2, 1997)
ARTICLE III. SOURCE SELECTION AND CONTRACT FORMATION
A. City procurement shall provide for the interest of the city, and shall be consistent with fair and equitable practices.
B. No contract or purchase shall be subdivided to avoid the requirements of this chapter.
C. The procurement rules may prescribe additional requirements consistent with the requirements of this chapter for bidding, proposals, and other procurement matters. (Ord. 64-97 § 2, 1997)
The city may take any action with respect to procurement that is in the best interest of the city, including the following:
A. Reject any bid, proposal or other offer or submission from a bidder or offeror who is in a position that is adverse to the city in a present, pending or threatened litigation, administrative proceeding, dispute resolution process or similar process relating to a city procurement or contract, or relating to any other matter relevant to the procurement.
B. Reject any bid, proposal or other offer or submission where the same is determined to be nonresponsive, or where the bidder or offeror is determined to be nonresponsible under criteria established in the procurement rules. The city may also notify any person of potential nonresponsibility, and may reject the bid, or other offer or submission of any person so notified unless that person demonstrates to the city's satisfaction that the concerns indicated in the city's notice have been resolved.
C. Reject all bids, proposals or other offers or submissions, or reject parts of all bids, proposals or other offers or submissions, when the city's interest will be served thereby.
D. Waive or modify requirements within a particular bid process, proposal or other solicitation process when advantageous to the city, and when consistent with mandatory applicable legal requirements and fair and equitable practices.
E. Impose reasonable fees or forfeitable deposits for providing city materials or services in connection with a procurement process.
F. Employ all solicitation means appropriate to effectively procure supplies and services so long as such means are not in conflict with the requirements of this chapter. Such means may include requiring prequalifications, maintaining lists of bidders or offerors; soliciting in phases, steps or stages; multiple awards; multistep sealed bidding; notice or solicitation by phone, fax, mail or computer system; requiring demonstrations of competence; creating special processes to meet the needs of a particular procurement; and other means. (Ord. 64-97 § 2, 1997)
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