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Confidential information shall be designated as follows:
Sec. 28-5(1). If a person believes that a bid, proposal, offer, specification, or protest contains information that should be withheld from public record, a statement advising the contract officer of this fact should accompany the submission and the information shall be so identified wherever it appears.
Sec. 28-5(2). The information identified by the person as confidential may not be disclosed until the contract officer makes a written determination.
Sec. 28-5(3). The contract officer shall review the statement and information and may determine in writing that the information shall be withheld or disclosed.
Sec. 28-5(4). If the contract officer determines to disclose the information, the contract officer shall inform the person in writing of such determination.
Sec. 28-5(5). Notwithstanding the above provisions, in the event records marked as confidential are requested for public release, the city shall release records marked confidential ten (10) working days after the date of notice to the person of the request for release, unless the person has, within the ten (10) day period, secured a protective order, injunctive relief or other appropriate order from a court of competent jurisdiction, enjoining the release of the records.
Sec. 28-5(6). The city shall not, under any circumstances, be responsible for securing a protective order or other relief enjoining the release of records marked confidential. Nor shall the city be in any way financially responsible for any costs associated with securing such an order.
(Ord. No. 10404, § 1, 5-15-07; Ord. No. 11296, § 1, 8-5-15)
ARTICLE II.
PROCUREMENT DIRECTOR AUTHORITY*
PROCUREMENT DIRECTOR AUTHORITY*
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* Editors Note: See editor's note at Art. I.
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Sec. 28-11(1).Except as otherwise provided in this chapter, the director may adopt operational procedures, consistent with this chapter, governing the procurement and management of all materials, services, construction and construction services to be procured by this city and the disposal of materials.
Sec. 28-11(2). The director shall serve as the central procurement and contracting authority of this city.
Sec. 28-11(3). Except as otherwise provided in this chapter, the director shall:
(a) Procure or supervise the procurement of all materials, services and construction needed by this city.
(b) Establish guidelines for the management of all inventories of materials belonging to this city.
(c) Manage the disposal of materials belonging to the city.
(d) Sell, trade or otherwise dispose of surplus materials belonging to this city.
(e) Prepare, issue, revise, maintain, and monitor the use of specifications for materials, services and construction required by this city.
(f) Manage the city’s procurement card (pCard) program.
(g) Manage the city’s mail services division.
(h) Manage the city's Small Business Enterprise (SBE) and Disadvantaged Business Enterprise (DBE) programs.
Sec. 28-11(4). The director may delegate procurement authority to designees or to any department or official of the city.
Sec. 28-11(5). The director may determine in writing that noncompliance with any provision of this chapter is nonsubstantial and may allow for correction or may waive minor informalities or irregularities. The basis for the decision shall be included in the determination.
(Ord. No. 10404, § 1, 5-15-07; Ord. No. 11296, § 1, 8-5-15)
ARTICLE III.
SOURCE SELECTION AND CONTRACT FORMATION*
SOURCE SELECTION AND CONTRACT FORMATION*
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* Editors Note: See editor's note at Art. I.
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In this article, unless the context otherwise requires:
Sec. 28-15(1). "Best value" means a technique in the competitive sealed bid process which permits the evaluation of objective criteria to determine the best overall value to the city.
Sec. 28-15(2). "Discussions" means communication with an offeror, bidder or respondent for the purpose of:
(a) Eliminating minor irregularities, informalities, or apparent clerical mistakes in the offer or response;
(b) Clarifying any offer or response to assure full understanding of, and responsiveness to, solicitation requirements;
(c) Resolving minor variations in contract terms and conditions; or
(d) Establishing the competency or financial stability of any offeror, bidder or respondent.
Sec. 28-15(3). "Invitation for bid" means all documents, written or electronic, whether attached or incorporated by reference, which are used for soliciting bids in accordance with the procedures prescribed in section 28-17.
Sec. 28-15(4). "Invitation for reverse auction bids" means all documentation, written or electronic, whether attached or incorporated by reference, which are used for soliciting bids in accordance with procedures prescribed in section 28-24.
Sec. 28-15(5). "Minor informality" means mistakes, or non-judgmental errors, that have negligible effect on price, quantity, quality, delivery, or other contractual terms and the waiver or correction of such mistakes does not prejudice other bidders, offerors or respondents.
Sec. 28-15(6). “Negotiations” means an exchange of information or any form of cooperation during which the offeror and the city may alter or otherwise change the scope of work, conditions, terms, and price, unless prohibited, of the proposed contract.
Sec. 28-15(7). "Proposal revision" means a change to a proposal made after the solicitation closing date, at the request of or as allowed by a contract officer, as the result of negotiation.
Sec. 28-15(8). "Request for proposals" means all documents, written or electronic, whether attached or incorporated by reference, which are used for soliciting proposals in accordance with procedures prescribed in section 28-18.
Sec. 28-15(9). "Request for qualifications" means all documents, written or electronic, whether attached or incorporated by reference, which are used for soliciting responses from qualified respondents in accordance with article V.
Sec. 28-15(10). "Request for quotation" means a process for small purchases as defined in section 28-16.
Sec. 28-15(11). “Responsible bidder, offeror, or respondent” means a person who has the capability to perform the contract requirements and the integrity and reliability which will assure good faith performance.
Sec. 28-15(12). “Responsive bidder “ means a person who submits a bid which conforms in all material respects to the invitation for bids.
Sec. 28-15 (13). “Reverse auction” means an electronic auction in which the role of the buyer and seller are reversed. In an ordinary auction (also known as a forward auction), buyers compete to obtain a good or service. In a reverse auction, sellers compete to obtain business. Bids shall be publicly posted throughout the auction to encourage competition.
Sec. 28-15(14). “Solicitation” means an invitation for bids, a request for technical proposals, a request for proposals, a request for qualifications, a request for quotations, an invitation for reverse auction bids or any other invitation or request by which the city invites a person to participate in a procurement.
(Ord. No. 10404, § 1, 5-15-07; Ord. No. 11296, § 1, 8-5-15)
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