A. When, due to the complex nature or technical detail of a particular procurement or when, in the opinion of the City Council, specifications can not be fairly and objectively prepared so as to permit competition in the request for sealed bids or for high technology electronic equipment available from a limited number of sources of supply and for which specifications of the equipment of a single source of supply or when it is otherwise determined by the City Council that the invitation for competitive sealed bids is not practicable, a contract may be awarded for a procurement by competitive negotiations.
B. When it has been determined that it is not practical to invite competitive bids as provided in the previous division A., action to obtain procurement by competitive negotiations shall commence by advertisement policy. The advertisement or solicitation for proposals for competitive negotiations shall state:
1. The city proposes to enter into competitive negotiation with responsible offerors for procurement;
2. The date, hour, and place that written proposals for the procurement shall be received;
3. The type of procurement involved and a description of the supplies or services sought; provided, however, that potential offerors shall be informed by the advertisement or solicitation where such detailed specifications, if available for the particular procurement, may be obtained; and
4. The evaluation factors to be considered by the city in the competitive negotiations in determining the proposal most advantageous to the city and the proposed method or methods of award of contract.
C. Such other information as may be desirable or necessary to reasonably inform potential offerors about the requirements of the procurement or the limits or bounds of the competitive negotiations proposed to obtain the procurement.
D. All written proposals received by the city in response to advertisement or solicitation for proposals for competitive negotiations shall be kept secure and unopened until the date and hour set for opening the proposals.
E. Proposals for competitive negotiations shall not be subject to public inspection until negotiations between the city and all offerors have been concluded and a contract awarded to the responsible offeror submitting the proposal determined in writing to be the most advantageous to the city, price, and the evaluation factors set forth in the advertisement and solicitations for proposals considered.
F. The purchasing agent shall examine each written proposal received for general conformity with the advertised terms of the procurement. If it has been provided in the advertisement or solicitation for proposals that an award may be made without written or oral discussion, the City Council may, upon the basis of the written proposals received, award the contract to the responsible offeror submitting the proposals determined in writing to be the most advantageous to the city, price, and the published evaluation factors considered. If after the proposals have been examined, it is determined that written and/or oral discussions should be had with the offerors, the purchasing agent shall determine in writing, based on an individual review, those selected for award of contract for the procurement. Each offeror shall be contacted informally by the purchasing agent and a meeting scheduled for discussion of the offeror's proposals.
G. Discussion with offerors shall be held informally and may be conducted orally, in writing, or both. If, however, after discussion with all responsible offerors have concluded or after examination of written proposals initially submitted, it is determined that no acceptable proposal initially submitted, any or all proposals may be rejected and in the discretion of the City Council, new proposal may be solicited as provided in this section on the basis of the same or revised terms or the procurement may be abandoned.
H. The purchasing agent shall prepare a written summary of all oral discussions in the 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 discussions shall not be required.
(Res. 2008-011, passed 2-19-2008)