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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)
A. The city or any of its departments or divisions may prepare, file or amend specifications, requisitions or quantity estimates for supplies and services in the manner prescribed in the procurement rules.
B. A procurement official shall have authority to revise specifications, requisitions or estimates as to quantity, quality or estimated cost.
C. All specifications shall seek to promote overall economy and best use for the purposes intended and encourage appropriate competition in satisfying the city's needs. (Ord. 64-97 § 2, 1997)
A. Contracts shall be awarded by competitive sealed bidding except as otherwise permitted or provided by this chapter.
B. The city may prequalify bidders using a request for qualifications or other process. Notice of such process shall be made public, and such process shall be conducted, in a manner permitted by the procurement rules. The city, in its sole discretion, shall determine which applicants are best qualified to submit a bid.
C. Competitive sealed bidding shall, at a minimum, include the following:
1. Notice of a call or bids shall be made public in a manner permitted by the procurement rules at a reasonable time prior to the time set for bid opening. The bid package will state requirements to which the bidder must respond.
2. No bids delivered to the city after the time established in the notice shall be considered. Timely sealed bids shall be opened publicly in a manner permitted by the procurement rules at the time and place for bid opening established in the notice, and a record of each bid shall be retained.
3. Bids shall be evaluated based on the requirements set forth in the city's invitation, and as provided in this chapter.
4. Bids shall be accepted without alteration or condition except as permitted by the procurement rules. However, no alteration prejudicial to the interest of the city shall be permitted.
5. Any award shall be made in writing to the lowest responsive and responsible bidder whose bid meets or exceeds the requirements of the city's bid package, and meets the requirements of this chapter. (Ord. 64-97 § 2, 1997)
A. Contracts for professional services shall be awarded by competitive sealed proposal, except as otherwise permitted by this chapter.
B. Competitive sealed proposals may be used for any procurement when determined to be beneficial to the City by a procurement official in consultation with the procuring department or division.
C. The City may prequalify offerers using a request for qualifications or other process. Notice of such process shall be made public, and such process shall be conducted, in a manner permitted by the procurement rules. The City, in its sole discretion, shall determine which applicants are best qualified to submit a proposal.
D. Competitive sealed proposals shall, at a minimum, include the following:
1. Notice of a request for proposals shall be made public in a manner permitted by the procurement rules at a reasonable time prior to the time when proposals are due. The proposal package shall state the criteria which an offeror's submission must address in order to be considered by the City.
2. No submission delivered to the City after the time established in the notice shall be considered. Timely submissions shall be opened so as to avoid disclosure of contents to competing offerors during the process of negotiation, and a record of each shall be retained.
3. Submissions shall be evaluated based on the criteria set forth in the City's request, and as provided in this chapter. The procurement rules shall include guidance for evaluating proposals and conducting discussions with offerors, and shall provide for the formation of a panel to evaluate and advise regarding all submissions. Submissions may be evaluated on the basis of ability to perform the work, with price to be established by negotiation.
4. Offerors under consideration shall be given fair and equal treatment with respect to opportunity for discussion and revision of proposals, and revisions may be permitted after submissions and before the contract is awarded for the purpose of obtaining best and final offers. No proposal information shall be disclosed to competing offerors prior to award.
5. Any award shall be made by the Department Director, City Council, or other authority responsible for making a determination to the responsive and responsible offeror whose proposal is determined in writing to be the most advantageous to the City based on the criteria for evaluation and the requirements of this chapter. (Ord. 64-97 § 2, 1997)
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