__________
* 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.
__________
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
Art. XV. Contract Requirements for the Mitigation of Heat-Related Illnesses and Injuries in the Workplace, §§ 28-160 – 28-162
Art. XIV. Prevailing Wage, §§ 28-163 – 28-168
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.
Article XV. Contract Requirements for the Mitigation of Heat-Related Illnesses and Injuries in the Workplace
Sec. 28-160. Definitions.
Sec. 28-161. Contract requirements.
Sec. 28-162. Administrative responsibility.
Article XVI. Prevailing Wage
Sec. 28-163. Definitions.
Sec. 28-164. Payment of prevailing wages.
Sec. 28-165. Required recordkeeping and notice posting.
Sec. 28-166. Enforcement.
Sec. 28-167. Sanctions.
Sec. 28-168. Regulation.
ARTICLE I.
GENERAL PROVISIONS*
GENERAL PROVISIONS*
__________
* Editors Note: Ord. No. 10404, § 1, adopted May 15, 2007, amended Arts. I--X in their entirety to read as herein set out. Former Arts. I--X, §§ 28-1--28-5, 28-11, 28-12, 28-15--28-37, 28-41--28-45, 28-47--28-52, 28-58, 28-62, 28-63, 28-66--28-71, 28-74--28-118, 28-126--28-129, pertained to similar subject matter, and derived from Ord. No. 9913, § 1, adopted Nov. 17, 2003; Ord. No. 10292, § 1, adopted June 27, 2006; Ord. No. 10328, §§ 1, 2, adopted Oct. 10, 2006.
__________
Sec. 28-1(1). The provisions of this chapter shall apply to the following:
(a) Every expenditure of public monies by this city irrespective of their source, including federal assistance monies;
(b) Disposal of property; and
(c) Contracts where there is no expenditure of public monies or where the city is offering something of value to the business community when the city determines source selection and award of a contract.
Sec. 28-1(2). The following are exempt from the provisions of this chapter:
(a) Grants awarded by the city and approved by mayor and council;
(b) The sale or lease of city real property;
(c) Contracts for professional witnesses if the purpose of such contracts is to provide for services or testimony relating to an existing or probable judicial proceeding in which this city is or may become a party or to contracts for special investigative services for law enforcement purposes;
(d) Agreements negotiated by the city attorney in settlement of litigation or threatened litigation;
(e) The purchases of materials for resale in a concession operation;
(f) Contracts for municipal improvement districts; or
(g) Contracts entered into with an eligible entity as defined by Public Law 105-285, section 673(1)(a)(i), as amended, for designated community services block grant monies and any other monies given to the eligible entity that accomplish the purpose of Public Law 205-285, section 672.
(Ord. No. 10404, § 1, 5-15-07; Ord. No. 11296, § 1, 8-5-15)
Loading...