4.7B: Sealed Bids
Generally, sealed bids are not negotiated; but in the event all bids exceed available funds as certified by the Town’s Comptroller or considered unreasonable; the Town shall be authorized, in situations where the Town’s best interest precludes re-solicitation of work, goods, or services of a reduced scope; to negotiate an adjustment in the bid price, including change in the requirements, with the low, responsive and responsible bidder, in order to bring the bid within the amount of available funds.
In the event that negotiations are unsuccessful in reaching a price or scope of work or services which would be agreeable, the Town, at its discretion, may terminate all negotiations with the lowest offeror, and enter new negotiations with the next lowest offeror; and likewise, the third and sequential offerors should negotiations not be productive with the second lowest offeror.
Should subsequent negotiations be conducted, all negotiations shall be conducted in like manner as with the first offeror. No changes or reductions in scope of work or services shall be permitted during negotiations with sequential offers that was not permitted or offered within the negotiations with previous responsive offerors.
In conducting negotiations, there must be no disclosure of any information derived from bids submitted by competing offerors.