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* Editors Note: Ord. No. 9913, § 1, adopted Nov. 17, 2003, amended chapter 28 in its entirety to read as herein set out. Former chapter 28, §§ 28-1--28-5, 28-11, 28-12, 28-15--28-37, 28-41--28-45, 28-47--28-56, 28-58, 28-62, 28-63, 28-66--28-71, 28-75--28-118, 28-126--28-129, 28-132--28-134, 28-137--28-144, 28-145--28-151, 28-152--28-160, pertained to similar subject matter and derived from Ord. No. 7973, § 4, adopted Jan. 25, 1993. See the Code Comparative Table.
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Art. I. In General, §§ 28-1--28-10
Art. II. Procurement Director Authority, §§ 28-11--28-14
Art. III. Source Selection and Contract Formation, §§ 28-15--28-40
Art. IV. Specifications, §§ 28-41--28-46
Art. V. Procurement of Professional Design Services and Capital Improvements, §§ 28-47--28-57
Art. VI. Contract Terms and Conditions, §§ 28-58--28-61
Art. VII. Cost Principles, §§ 28-62--28-65
Art. VIII. Materials Management, §§ 28-66--28-74
Art. IX. Legal and Contractual Remedies, §§ 28-75--28-125
Art. X. Cooperative Purchasing, §§ 28-126--28-131
Art. XI. Reserved, §§ 28-132--28-136
Art. XII. Affirmative Action by City Contractors, §§ 28-137--28-146
Art. XIII. Small Business Enterprise Program, §§ 28-147--28-151.5
Art. XIV. Living Wage, §§ 28-152--28-159
Article I. General Provisions
Sec. 28-1. Applicability.
Sec. 28-2. Definitions.
Sec. 28-3. Supplementary general principles of law applicable.
Sec. 28-4. Requirement of good faith.
Sec. 28-5. Confidential information.
Secs. 28-6--28-10. Reserved.
Article II. Procurement Director Authority
Sec. 28-11. Authority of the director.
Sec. 28-12. Written determinations.
Secs. 28-13, 28-14. Reserved.
Article III. Source Selection and Contract Formation
Sec. 28-15. Definitions.
Sec. 28-16. Methods and dollar thresholds of source selection.
Sec. 28-17. Competitive sealed bidding.
Sec. 28-18. Competitive sealed proposals.
Sec. 28-19. Contracting for legal counsel.
Sec. 28-20. Reserved.
Sec. 28-21. Sole source procurement.
Sec. 28-22. Emergency procurements.
Sec. 28-23. Special procurements.
Sec. 28-24. Competitive reverse auctions.
Sec. 28-25. Cancellation of solicitations.
Sec. 28-26. Rejection of individual bids, proposals, quotations or statements of qualifications.
Sec. 28-27. Responsibility of bidders, offerors and respondents.
Sec. 28-28. Bid and contract security, material or service contracts.
Sec. 28-29. Reserved.
Sec. 28-30. Reserved.
Sec. 28-31. Multi-term contracts.
Sec. 28-32. Right to inspect.
Sec. 28-33. Right to audit records.
Sec. 28-34. Reporting of anticompetitive practices.
Sec. 28-35. Prospective vendor databases.
Sec. 28-36. Contract form and execution.
Sec. 28-37. Assignment of rights and duties.
Sec. 28-38. Efficient resource procurement and utilization.
Sec. 28-39.
Reserved.
Sec. 28-40. Reserved.
Article IV. Specifications
Sec. 28-41. Reserved.
Sec. 28-42. Maximum practicable competition.
Sec. 28-43. Specifications prepared by other than city personnel.
Sec. 28-44. Brand name or equal specification.
Sec. 28-45. Brand name specification.
Sec. 28-46. Reserved.
Article V. Procurement of Professional Design Services and Capital Improvements
Sec. 28-47. Definitions.
Sec. 28-48 Procurement of construction.
Sec. 28-49. Procurement of professional design services.
Sec. 28-50. Procurement of construction services.
Sec. 28-51. Construction by city employees.
Sec. 28-52--28-57. Reserved.
Article VI. Contract Terms and Conditions
Sec. 28-58. Contract terms and conditions.
Secs. 28-59--28-61. Reserved.
Article VII. Cost Principles
Sec. 28-62. Cost principles.
Sec. 28-63. Cost or pricing data.
Secs. 28-64, 28-65. Reserved.
Article VIII. Materials Management
Sec. 28-66. Definitions.
Sec. 28-67. Materials management guidelines.
Sec. 28-68. Inventory management.
Sec. 28-69. Disposition of surplus property.
Sec. 28-70. Disposition of unclaimed, lost, confiscated property.
Sec. 28-71. Donations.
Secs. 28-72--28-74. Reserved.
Article IX. Legal and Contractual Remedies
Sec. 28-75. Definitions.
Sec. 28-76. Authority of the contract officer.
Sec. 28-77. Right to protest.
Sec. 28-78. Filing of a protest.
Sec. 28-79. Time for filing protests.
Sec. 28-80. Stay of procurements during the legal due process.
Sec. 28-81. Confidential information.
Sec. 28-82. Decision by the contract officer on a protest.
Sec. 28-83. Remedies for a protest.
Sec. 28-84. Appeals to the director.
Sec. 28-85. Notice of appeal.
Sec. 28-86. Reserved.
Sec. 28-87. Contract officer report on an appeal.
Sec. 28-88. Remedies for an appeal of a protest.
Sec. 28-89. Dismissal before hearing.
Sec. 28-90. Hearing.
Sec. 28-91. Filing of a contract claim.
Sec. 28-92. Contract officer’s decision on a contract claim.
Sec. 28-93. Issuance of a timely decision on a contract claim.
Sec. 28-94. Appeals on a contract claim to the director.
Sec. 28-95. City claims against a contractor.
Sec. 28-96. Hearing.
Sec. 28-97. Mediation.
Sec. 28-98. Arbitration.
Sec. 28-99. Authority to debar or suspend.
Sec. 28-100. Debarment or suspension causes.
Sec. 28-101. Matters not proper for debarment or suspension.
Sec. 28-102. Initiation of debarment.
Sec. 28-103. Period of debarment.
Sec. 28-104. Notice.
Sec. 28-105. Notice to affiliates.
Sec. 28-106. Imputed knowledge.
Sec. 28-107. Suspension.
Sec. 28-108. Period and scope of suspension.
Sec. 28-109. Suspension notice, hearing, determination and appeal.
Sec. 28-110. Reinstatement.
Sec. 28-111. Limited participation.
Sec. 28-112. Master list for suspension and debarment.
Sec. 28-113. Hearing procedures.
Sec. 28-114. Hearing officer’s decision.
Sec. 28-115. Reserved.
Sec. 28-116. Reserved.
Sec. 28-117. Judicial review of protests, claims, debarments or suspensions.
Sec. 28-118. Exclusive remedy.
Secs. 28-119--28-125. Reserved.
Article X. Cooperative Purchasing
Sec. 28-126. Definitions.
Sec. 28-127. Applicability.
Sec. 28-128. Cooperative purchasing agreements required.
Sec. 28-129. Cooperative purchasing authorized.
Secs. 28-130, 28-131. Reserved.
Article XI. Reserved
Secs. 28-132--28-136. Reserved.
Article XII. Affirmative Action by City Contractors
Sec. 28-137. Definitions.
Sec. 28-138. Provision against discrimination required in all city contracts.
Sec. 28-139. Reporting requirements.
Sec. 28-140. Duties and requirements of contractors on city contracts; responsibility for implementation.
Sec. 28-141. Inability or failure to comply with affirmative action obligations.
Sec. 28-142. Administrative responsibility.
Sec. 28-143. Exemptions.
Sec. 28-144. Sanctions.
Secs. 28-145, 28-146. Reserved.
Article XIII. Small Business Enterprise Program
Sec. 28-147. Definitions.
Sec. 28-148. Administrative provisions.
Sec. 28-149. Establishment of SBE program goals for construction and construction services projects.
Sec. 28-150. SBE plans for eligible projects.
Sec. 28-151. Establishment of SBE program goals for professional design services.
Sec. 28-151.1. SBE plans for eligible design projects.
Sec. 28-151.2. SBE good faith effort.
Sec. 28-151.3. Applicability to procurement of goods, materials, and services.
Sec. 28-151.4. Program compliance.
Sec. 28-151.5. Additional terms.
Article XIV. Living Wage
Sec. 28-152. Conditions for use.
Sec. 28-153 Eligible contract.
Sec. 28-154. Ineligible contracts.
Sec. 28-155. Eligible employee.
Sec. 28-156. Reserved.
Sec. 28-157. Wages.
Sec. 28-158. Compliance.
Sec. 28-159. Records.